Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately consolidate the state's police forces, therefore it is deemed to be an emergency law, necessary for the immediate preservation of the public convenience.

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. The metropolitan district commission police force, the division of the state police force, the capitol police force and the division of law enforcement of the registry of motor vehicles shall be consolidated as one police force. Such consolidation shall begin on July first, nineteen hundred and ninety-two and shall be completed by July first, nineteen hundred and ninety-three, with a one-year transition period, so called, so that after such transition period, said four police forces shall be deemed consolidated and merged, and the consolidated police force shall be called the department of state police. The consolidated department of state police shall be deemed to be the police force of the commonwealth, so that it shall be the force with jurisdictional authority over state property, except as otherwise provided in section one A, and it shall be required to respond to calls for assistance for public safety services by any other police force in the commonwealth or any of its political subdivisions.

SECTION 1A. There is hereby established a special joint committee for the purpose of conducting an investigation and study of the need to establish a separate department of police or security with jurisdiction within the state house and other state properties.

The members of said committee shall be comprised of the senate and house chairmen of the joint committee on public safety, the senate and house chairmen of the joint committee on public service, one minority member of the house of representatives to be appointed by the house minority leader and one minority member of the senate to be appointed by the senate minority leader.

The special committee shall make recommendations relative to the need for such department, and shall make its findings on or before March thirty-first, nineteen hundred and ninety-two, and shall file its report, including any recommendations for legislation, with the joint committee on rules and the clerk of the senate and house of representatives.

SECTION 2. Section 116 of chapter 6 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 3, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of state police.

SECTION 2A. Section 116B of said chapter 6, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "sixteen of chapter twenty-two" and inserting in place thereof the following words:- thirty-two of chapter twenty-two C.

SECTION 3. Section 156 of said chapter 6, as so appearing, is hereby amended by striking out, in line 6, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of state police.

SECTION 4. Chapter 6A of the General Laws is hereby amended by striking out section 18, as amended by section 253 of chapter 138 of the acts of 1991, and inserting in place thereof the following section:-

Section 18. The following state agencies are hereby declared to be within the executive office of public safety: the department of public safety and all other state agencies within said department, including the boards established by sections eleven A and fourteen of chapter twenty-two, the boards established by sections seventy-one A and seventy-one H of chapter one hundred and forty-three, and the board of school house structural standards established by section one of chapter six hundred and seventy-five of the acts of nineteen hundred and fifty-five; the registry of motor vehicles; the governor's highway safety committee; the Massachusetts criminal justice training council; the criminal history systems board; the security and privacy council; the state board of building regulations and standards; the statewide emergency telecommunications board; the architectural access board; the Massachusetts fire training council; the department of correction, including the parole board and all other agencies within said department; and the department of state police.

1tSECTION 5. Section 18B of said chapter 6A, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 7 and 8, the words "superintendent of the metropolitan district commission police" and inserting in place thereof the following words:- colonel of state police.

SECTION 6. Sections thirty Q to thirty T, inclusive, of chapter seven of the General Laws are hereby repealed.

SECTION 7. Section 11C of chapter 12 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the second paragraph.

SECTION 8. Section 9 of chapter 16 of the General Laws, as so appearing, is hereby amended by striking out, in lines 10 to 12, inclusive, the words "supervising inspectors, investigators and examiners authorized to be appointed by the registrar under section twenty-nine of chapter ninety," and inserting in place thereof the following words:- and supervising inspectors.

SECTION 9. Sections ten, eleven and eleven A of said chapter sixteen are hereby repealed.

SECTION 10. Section 3 of chapter 22 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 3, the words "division of state police under his own immediate charge, a".

SECTION 11. Said section 3 of said chapter 22, as so appearing, is hereby further amended by striking out the second paragraph.

SECTION 11A. Sections three A and three B of said chapter twenty-two are hereby repealed.

SECTION 11B. Section 6 of said chapter 22, as so appearing, is hereby amended by striking out, in line 2, the word "officers,".

SECTION 11C. Said section 6 of said chapter 22, as so appearing, is hereby further amended by striking out, in line 3, the words "in section nine or nine A or".

SECTION 11D. Said section 6 of said chapter 22, as so appearing, is hereby further amended by striking out, in line 4, the words "officers and".

SECTION 12. Section 6A of said chapter 22, as so appearing, is hereby amended by striking out, in line 2, the words "officer or".

SECTION 13. Section 7 of said chapter 22, as so appearing, is hereby amended by striking out, in line 1, the words "officer and".

SECTION 14. Said section 7 of said chapter 22, as so appearing, is hereby further amended by striking out, in line 4, the words "officer or".

SECTION 15. Section 7A of said chapter 22, as so appearing, is hereby amended by striking out, in line 4, the words "trainee, officer or".

SECTION 16. Section 7B of said chapter 22, as so appearing, is hereby amended by striking out, in lines 1, 4 and 6, the words "officer or".

SECTION 17. Section seven C of said chapter twenty-two is hereby repealed.

SECTION 18. Section 8 of said chapter 22, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 1, the words "officer or".

SECTION 19. Sections nine to nine U, inclusive, of said chapter twenty-two are hereby repealed.

SECTION 19A. Sections sixteen to nineteen, inclusive, of said chapter twenty-two are hereby repealed.

SECTION 20. Said chapter 22 is hereby further amended by inserting after section 15 the following sections:-

Section 15A. There shall be a fraudulent claims commission in the executive office of public safety, hereinafter called the commission, which shall establish rules and regulations for the investigation of fraud under any assistance program administered by the department of public welfare. The commission shall consist of the colonel of the state police or his designee, the commissioner of public welfare, or his designee, and the attorney general, or his designee. The colonel of the state police, or his designee, shall be the chairman of the commission.

Section 15B. There shall be in the department of public safety of the executive office of public safety a bureau of special investigations, headed by a director, who shall be appointed by the secretary of public safety upon the recommendation of the commission, shall be a person of ability and experience and shall devote his entire time to the duties of the office. Said commission may appoint such other experts and officers as it deems necessary to carry out the work of the bureau. Appointments to the positions of director, legal counsel and confidential administrative secretary, shall not be subject to chapter thirty-one or to section nine A of chapter thirty.

Section 15C. The director may expend for legal, investigative, clerical and other assistance and expenses such sums as may be appropriated therefor.

Section 15D. The director shall initiate investigations and investigate complaints including complaints initiated by recipients, which indicate the possibility of either a fraudulent claim for payment or services under any assistance program administered by the department of social services or any program administered by the department of social services or a receipt of payment or services by a person not entitled thereto. The director, in conformity with the rules and regulations of the fraudulent claims commission, shall:

(1) Initiate investigations and review procedures in order to discover any fraudulent claim or wrongful receipt under any assistance program administered by the department of public welfare or any program administered by the department of social services;

(2) Examine the records and accounts of the department of public welfare, department of social services, division of industrial accidents, state retirement board, department of employment and training and veteran's services, and for such purposes the director shall have access to such records and accounts at reasonable times and may require the production of books, documents and vouchers relating to any matter within the scope of such investigation;

(3) Examine upon written request to the commissioner of revenue the tax returns, wage reports, papers or other documents on file with said commissioner concerning any person where there is reason to believe that such person has committed fraud under any assistance program administered by the department of public welfare or any program administered by the department of social services, and may require the production of such returns, papers and other documents; provided, however, that nothing herein shall be construed to authorize the examination or disclosure, directly or indirectly, of any information, returns or their records received from the federal internal revenue service;

(4) Examine the records and accounts of any vendor claiming or receiving payment for services rendered under any program administered by the department of public welfare or the department of social services insofar as such records and accounts relate to any matter within the scope of such investigation;

(5) Report to the attorney general or a district attorney for such action as he may deem proper any case in which, after investigation, he finds there is probable cause that a fraudulent claim or payment has been made;

(6) Report in writing to the governor and the general court the nature and extent of his activities for each month of the fiscal year, said report to be made not later than thirty days after the expiration of each month, which report shall be made available to the public;

(7) Examine the records and accounts of any person domiciled or doing business in the commonwealth, and any state, county or municipal department, agency, office, bureau, board, commission or division who employ or had employed an individual who is the subject matter of an investigation insofar as those records and accounts pertain to dates, hours and nature of employment of services rendered and the amounts of salary, wages, or other things of value paid and deductions therefrom including information concerning the prior employment history of the individual who is the subject matter of an investigation;

(8) Examine the records and accounts of any bank, as defined in section one of chapter one hundred and sixty-seven, national bank, federal savings and loan association, benefit association, insurance company, safe deposit company or loan company authorized to do business in the commonwealth relative to individuals who are the subject matter of an investigation insofar as the records and accounts pertain to deposits, withdrawals, loans, insurance transactions, claims settlements and payments; and

(9) Examine the student records of any school or other institution of higher learning within the commonwealth relative to a student who is the subject matter of an investigation or the child, ward or dependent of the subject matter of an investigation insofar as those records pertain to enrollment, attendance, and family history but excluding academic, medical, and evaluative records.

A written request of the director, or an authorized representative of the director, for examination of information, records or accounts as provided in clauses (4), (7), (8), and (9) hereof shall be complied with within a reasonable period of time.

SECTION 21. Chapter twenty-two B of the General Laws is hereby repealed.

SECTION 22. The General Laws are hereby further amended by inserting after chapter 22B the following chapter:- `tuc CHAPTER 22C. THE DEPARTMENT OF STATE POLICE.

Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:-

"Colonel", the colonel of state police, the head of the department of state police.

"Department", the department of state police.

"Commissioned officer", a member of the state police holding a title of the rank of lieutenant, detective lieutenant, captain or detective captain.

"Noncommissioned officer", a member of the state police holding a title of sergeant.

"Staff officer", a member of the state police holding a title of the rank of major, lieutenant colonel or colonel.

"Uniformed member", member of the state police who has been appointed under the provisions of section ten.

"Veteran", any person who:

(1) comes within the definition of a veteran pursuant to the provisions of the forty-third clause of section seven of chapter four;

(2) comes within such definition except that instead of having performed "wartime service" as defined therein, he has been awarded the Congressional Medal of Honor or one of the following campaign badges: Second Nicaraguan Campaign, Yangtze Service, Navy Occupation Service, Army of Occupation or Medal for Humane Action; or

(3) is a person eligible to receive the Congressional Medal of Honor or one of the campaign badges enumerated in clause (2) and who presents proof of such eligibility which is satisfactory to the personnel administrator; provided that a veteran shall not include active duty for training in the army national guard or air national guard or active duty for training as a reservist in the armed forces of the United States.

Section 2. There shall be within the executive office of public safety a department of state police under the supervision and control of the colonel of state police.

Section 3. The colonel shall be the executive and administrative head of the department and shall have charge of the administration and organization thereof. The colonel may, subject to the approval of the governor and the secretary of public safety and except as otherwise provided, organize such divisions, bureaus, sections and units as he deems necessary for the effective management of the department and, when he deems necessary for such purpose, may abolish or consolidate such divisions, bureaus, sections or units. The colonel shall, except as otherwise provided, direct all inspections and investigations. The colonel shall make all necessary rules and regulations for the government of the department, for reports to be made by employees of the department and for the performance of the duties of said employees. The colonel shall make an annual report to the governor and the secretary of public safety.

The colonel shall be appointed by the governor, upon the recommendation of the secretary of public safety, and shall be a person who has been employed by the department in a rank above the rank of lieutenant immediately prior to such appointment and shall serve for a term coterminous with that of the governor. The colonel shall devote his full time during business hours to the duties of the office.

Section 4. There shall be within the department of state police four divisions which shall be known as: (a) the division of field services; (b) the division of investigation and intelligence; (c) the division of special police services; and (d) the division of support services. The head of each division shall be designated by the colonel and shall hold such rank or temporary rank as the colonel may determine.

Section 5. There shall be within the division of field services two bureaus, which shall be designated as the bureau of eastern field operations and the bureau of western field operations. The head of each such bureau shall be designated by the colonel and shall hold such rank or temporary rank as the colonel may determine. The colonel may from time to time assign to each such bureau such uniformed members and other employees of the department as he may deem necessary to carry out its duties.

Section 6. There shall be within the division of investigation and intelligence two bureaus, which shall be designated as the bureau of investigative services/eastern region and the bureau of investigative services/western region. The head of each such bureau shall be designated by the colonel and shall hold such rank or temporary rank as the colonel may determine. The colonel may from time to time assign to each such bureau such uniformed members and other employees of the department as he may deem necessary to carry out its duties.

Section 7. There shall be within the division of special police services three bureaus, which shall be designated as the bureau of facility security, the bureau of motor vehicle enforcement and the bureau of metropolitan district operations which shall provide services, including but not limited to, school crossing guards and the protection of watershed properties managed by the metropolitan district commission. The head of each such bureau shall be designated by the colonel and shall hold such rank or temporary rank as the colonel may determine. The colonel may from time to time assign to each bureau such uniformed members and other employees of the department as he may deem necessary to carry out its duties.

Section 8. There shall be within the division of support services two bureaus, which shall be designated as the bureau of administrative services and the bureau of technical services. The head of each such bureau shall be designated by the colonel and shall hold such rank or temporary rank as the colonel may determine. The colonel may from time to time assign to said bureau such uniformed members and other employees of the department as he may deem necessary to carry out its duties.

Section 9. The colonel may appoint, transfer and remove experts, clerks and other assistants as he may deem necessary for the operation of the department; provided, however, that all such actions shall be exempt from the provisions of chapter thirty-one; and provided, further, that such positions shall be subject to the provisions of sections forty-five, forty-six and forty-six C of chapter thirty.

Section 10. Whenever the governor shall deem it necessary to provide more effectively for the protection of persons and property and for the maintenance of law and order in the commonwealth, he may authorize, in writing, the colonel to make appointments to the department of state police, together with such other employees as the governor may deem necessary for the proper administration thereof. The appointment of the officers herein provided for shall be by enlistment for terms not exceeding two years, and such appointees shall be exempt from the requirements of chapter thirty-one; provided, however, that the classification of such positions shall be subject to the provisions of section forty-five of chapter thirty. Said officers shall have and exercise within the commonwealth all the powers of constables, except the service of civil process, and of police officers and watchmen. The colonel may, subject to the provisions of this chapter and of chapter one hundred and fifty E, make rules and regulations for the force, including matters pertaining to the discipline, organization, government, training, compensation, equipment, rank structure, and means of swift transportation; provided that no member of said force shall be used or called upon for service in any industrial dispute, unless actual violence has occurred therein, and then only by order, in writing, of the governor. Any member of said force violating any of the rules and regulations for said force shall be subject to discipline and discharge in accordance with said rules and regulations. The colonel may expend annually for the expenses of administration, organization, government, training, compensation, equipment and maintenance such amount as the general court may appropriate.

No person who has not reached his nineteenth birthday nor any person who has passed his thirty-fifth birthday shall be enlisted for the first time as an officer of the state police. Subsequent to January first, nineteen hundred and eighty-eight, no person who smokes any tobacco product shall be eligible for appointment as a uniformed member of the department of state police, and no person so appointed after said date shall continue in such office or position if such person thereafter smokes any tobacco product; the personnel administrator shall promulgate regulations for the implementation of the provisions of this sentence. No person shall be enlisted as an officer of the state police until he shall have undergone an initial medical and physical fitness examination and shall have met such initial medical and physical fitness standards as prescribed by rules and regulations promulgated by the colonel.

No person shall be enlisted as a uniformed member of the state police except in accordance with the provisions of this section; provided further, that no person employed as a police officer for an agency other than the department of state police, including but not limited to, any agency of the commonwealth or any of its political subdivisions, shall be allowed to transfer into a position as a uniformed member of the state police.

Except as otherwise provided, no officer appointed under this section shall be denied reenlistment if he has served satisfactorily for six years or more; provided, however, that at the date of each such reenlistment he shall have undergone an in-service medical and physical fitness examination and shall have met such in-service medical and physical fitness standards as prescribed by rules and regulations by the colonel to ensure that any such officer appointed under this section is physically able to perform the necessary duties and functions necessary to the normal operation of the department of state police. If any such officer fails to meet such in-service standards, he shall be eligible to undergo a reexamination within sixty days of the date of the in-service medical or physical fitness examination failed. If he fails the reexamination, he shall be eligible to undergo a second reexamination within ninety days of the date of the first reexamination. If he fails to pass the second reexamination, his reenlistment shall be denied; provided, however, that if the failure to meet such in-service standards is due to a temporary injury, illness or incapacity, such officer shall continue to be employed with duties adapted to such injury, illness or incapacity until such time as such officer shall pass such in-service standards. An officer whose reenlistment is denied because of his failure to meet such in-service medical or physical fitness standards shall not be presumed by virtue of such denial to be disabled for the purposes of chapter thirty-two.

The colonel may assign, reassign or transfer any uniformed member of the state police at any time to any duties in any of said divisions or said bureaus within the department. All such uniformed members within the department without exception and regardless of rank, assignment or duties regularly performed shall be subject to all duties of the uniformed members of the state police including, but not limited to, emergency duties.

Section 11. Each appointment for initial enlistment as a uniformed member of the state police shall be made from a list established as the result of a competitive examination conducted under the direction of the colonel, after consultation with the personnel administrator, who shall determine their form, method and subject matter. Each such competitive examination shall fairly test the knowledge, skills, and abilities which can be fairly and reliably measured and which are actually required to perform the primary or dominant duties of the position of uniformed member of the state police.

The names of persons who pass such examinations for appointment for initial enlistment as a uniformed member shall be placed on an eligible list in the order of their respective scores; provided however, that veterans shall receive two additional points to their score on the examination for the purpose of such eligible list; and provided, further, that the son or daughter of any uniformed member who passes the written examination for such initial enlistment shall have his or her name placed on said eligible list for such initial enlistment if said uniformed member while in the performance of his duties was killed or sustained injuries which resulted in his death.

Any appointment for such initial enlistment shall be made from the first three names on such list who are eligible for such appointment and are willing to accept such appointment.

The colonel shall make rules and regulations relative to the right of any applicant for appointment for enlistment to the department of state police to appeal (i) a marking of the applicant's answers to the questions on such promotional examination; (ii) a finding by the colonel that an applicant does not meet the entrance requirements for such examination or exceeds the mandatory entrance age for enlistment; and (iii) the suitability of a question to test the fitness of such member to perform the primary and dominant duties of the position for which the examination was held. The colonel shall promulgate regulations specifying the time within which any vacancy in the department shall be filled.

Section 12. Any uniformed member of the state police may, upon view of any misdemeanor committed in his presence while on duty, arrest the person committing such misdemeanor, where such misdemeanor was committed in any building or grounds owned or occupied, wholly or in part by the commonwealth, or on streets adjacent to any such building, and shall enforce all traffic rules, regulations and ordinances on streets adjacent to buildings owned or occupied, wholly or in part, by the commonwealth.

Section 13. Any uniformed member of the state police who has served for one year or more and against whom charges have been preferred shall be tried by a board to be appointed by the colonel or, at the request of the officer, may be tried by a board consisting of the colonel. Any person aggrieved by the finding of such trial board may within sixty days after being notified thereof, bring a petition in the district court within the judicial district of which he resides, or in the municipal court of the city of Boston addressed to the justice of the court asking that the action of the department trial board be reviewed by the court, and after such notice to the colonel as the court deems necessary, it shall review such finding and determine whether or not upon all the evidence such finding and punishment was justified. In conducting such review, the court, in its discretion, may direct that the record of the departmental trial board be supplemented by such additional evidence or testimony as the court deems necessary for a just resolution of such review. If the court finds that such finding and punishment was justified, the action of the department trial board shall be affirmed; otherwise it shall be reversed and the petitioner shall be reinstated to his office without loss of compensation or other benefits. The decision of the court shall be final and conclusive upon the parties, and a copy of the decision shall be forwarded forthwith by the clerk of the court to the colonel. A uniformed officer of the state police who has been dismissed from the force after trial before such a trial board, or who resigns while charges to be tried by a trial board are pending against him, shall not be reinstated by the colonel.

Section 14. No person who has been convicted of a felony or an offense punishable under chapter ninety-four C shall be appointed as an employee of the department, including but not limited to a uniformed member, clerk, assistant or expert.

Any member of the state police who directly or indirectly receives a reward, gift or gratuity on account of his official services shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months and shall also be discharged from office. Any such member who fails to faithfully perform his duties shall be immediately discharged from office.

Section 15. Each officer shall, before entering upon the performance of his duties, be sworn to the faithful performance thereof, and unless his oath of office is taken within ten days after the date of his appointment, the appointment shall be void.

Section 16. The colonel may authorize the payment, out of any appropriation made for traveling or other expenses of the department, of the reasonable hospital, medical and surgical expenses incurred by any trainee or officer of the department when temporarily or permanently disabled by reason of injuries sustained while in the course of his employment without serious and willful misconduct by such trainee or officer. In determining the right of any such trainee or officer of the department performing police service, or his legal representatives, to receive compensation under any provision of law on account of injuries or death suffered by such trainee or officer during the course of his employment, such trainee or officer shall be deemed to be so engaged while travelling on public ways from his home to his station of duty and from such station to his home.

Section 17. The colonel shall forward to the secretary of public safety and the commissioner of administration his estimate of expenses for the department as required under section three of chapter twenty-nine, a statement of the approximate proportion of the time of the department devoted to the service of patrolling the highways of the commonwealth for the purpose of controlling and supervising traffic. Said statement shall be the basis for a recommendation by the governor as to the proportion of the appropriations made for expenses of said department which it appears may fairly be charged to the Highway Fund.

Section 18. The colonel may, in the event of any public emergency, or of any unusual demand for the services of members of the state police serving in any bureau of the department, or whenever he deems it in the public interest, require such members to work additional hours of duty and prevent such members from taking time off when entitled thereto, or at the time assigned therefor; provided, however, that such members shall be compensated for any additional work in accordance with the provision of section thirty C of chapter one hundred and forty-nine.

The colonel may grant further time off to such members, in every instance without loss of compensation.

Section 19. The colonel shall promulgate rules and regulations to provide a standard form or forms of uniform to be worn by members of the state police and to authorize such members to carry badges, revolvers, clubs, handcuffs, twisters or such other articles as may be required in the performance of their duties.

A uniform or any distinctive part thereof so prescribed shall be worn only by members of said department entitled thereto under said rules and regulations. Violations of this paragraph shall be punishable by a fine of not less that five hundred nor more than one thousand dollars.

Section 20. The colonel shall prescribe a training program for persons who shall be enlisted for the first time in the department such that no person shall exercise police powers as such a uniformed member until he shall have been assigned to and satisfactorily completed such training program. The colonel shall also prescribe an in-service training program for uniformed members of the state police.

Section 21. The colonel may conduct programs for training police officers of the cities and towns of the commonwealth and for those employees who are authorized to exercise police powers in the various state departments or agencies and the colonel shall appoint necessary instructors. Said programs shall be conducted and instructors appointed in accordance with the provisions of section one hundred and eighteen of chapter six. Cities, towns, state departments and agencies voluntarily participating in such training shall reimburse the commonwealth for the necessary expense thereof. Attendance at such programs by police officers of any city or town and those employees who are authorized to exercise police powers in the various state departments or agencies shall be on a voluntary basis.

Section 22. Except as otherwise provided by a collective bargaining agreement in accordance with the provisions of chapter one hundred and fifty E, evaluation reports of the performance of each member of the state police shall be submitted annually to the colonel by the supervisor to whom such member has directly reported for said annum; provided, however, that whenever possible, if the supervisor of such member shall be changed by transfer of said supervisor or by transfer of such member, such evaluation report be completed prior to such change in supervision. Such evaluation reports shall be filed annually on the anniversary date of such member's initial enlistment and no such member shall be reenlisted until such report has been so submitted.

Section 23. There shall be within the department of state police an office of affirmative action which shall report to the secretary of public safety; provided, that such office shall be responsible for implementing policies of nondiscrimination, equal opportunity, and affirmative action, as such policy relates to the employment practices of said department. Such office shall prepare, submit and review the affirmative action plan of said department.

All appointments and promotions made under the provisions of this chapter may take into consideration female and minority candidates for the positions of uniformed members, non-commissioned officers, commissioned officers, and staff officers.

Such office shall annually issue a report describing efforts undertaken by such office during the previous year to expand the pool of qualified women and minority candidates for enlistment to said department and to increase the promotional opportunities for said qualified women and minority candidates within said department; provided that such report be filed with the clerks of the house of representatives and senate on or before the first Wednesday in December.

Section 24. If uniformed members of the state police in positions in the same rank are to be separated from such positions because of lack of work, lack of money or abolition of positions, said uniformed members shall be separated from such employment according to their seniority in such rank and shall be reinstated to such position in such rank according to such seniority, so that members senior in length of service in such rank shall be retained the longest and reinstated first. Uniformed members separated from positions pursuant to the provisions of this section shall be reinstated prior to the appointment of any other person under section ten, provided that the right to such reinstatement shall continue for no fewer than two years from the date of such separation and shall be subject to such rules and regulations as prescribed by the colonel.

Section 25. The colonel shall prepare a notice for all promotional examinations, which shall be written examinations, and shall cause notice thereof to be published in the orders of the department no later than thirty days prior to the final date for filing of applications therefor. No such promotional examination shall be held less than thirty days after the final date for filing of applications for such examination.

The colonel shall make rules and regulations relative to the right of any uniformed member of the state police to appeal (i) a marking of a member's answers to the questions on such promotional examination; (ii) a finding by the colonel that a member does not meet the entrance requirements for such examination; and (iii) the suitability of a question to test the fitness of such member to perform the primary and dominant duties of the rank for which the examination was held. The colonel shall promulgate regulations specifying the time within which any promotional vacancy in the department shall be filled.

Section 26. The colonel may promote uniformed members of the state police who are eligible for promotion to the title of noncommissioned officer, lieutenant, detective lieutenant, captain and detective captain. All promotions shall be based on the following factors which shall be marked on a percentage basis:

(1) a competitive promotional examination open to all members who have completed not less than one year of service in the next lower title or who have completed a total of ten years of service as a uniformed member prior to the final date for filing applications for such examination;

(2) the most recent evaluation of the member's performance in accordance with the provisions of section twenty-two;

(3) longevity, based upon a granting of five percent for each year of service plus one-twelfth of such five percent for each additional full month of service, up to twenty years of service, computed as of the final date for the filing of applications for such promotions;

(4) for promotion to a position of a commissioned officer, an oral interview conducted by uniformed members of the state police, or by officers of the state police department holding a grade higher than that for which the examination is being given.

In ranking members for the purpose of promotion to a title below that of lieutenant, such factors for promotion shall be weighted as follows: written examination, nine; performance evaluation, four; and longevity, seven.

In ranking members for the purposes of promotion to the title of lieutenant, detective lieutenant, captain or detective captain, such factors shall be weighted as follows: written examination, eight; performance evaluation, three; longevity, six; oral interview, three.

No member shall be eligible for promotion unless he has attained a mark of at least seventy percent in the written examination. Any member who is a veteran shall have two points added to his examination score for the purpose of compiling an eligible list for promotion.

Prior to making any promotions in accordance with the provisions of this section, the colonel shall publish and distribute in the orders of the department for each title in the department a list of the members who are eligible for promotion to each such title in the order in which each member shall be considered for such promotion; provided that such order shall based upon the final determination by the colonel in accordance with the provisions of clause (2) or (3) of the first paragraph. Each such eligible list for promotion shall be used by the colonel from which to fill vacancies for a period of two years from the initial date of said publication; provided, however, if a new eligible list shall not have been established after such two year period, each such eligible list shall continue to be used by said colonel for promotions until a new eligible list shall have been established. Any promotion to a vacancy occurring in any title for which an examination is conducted in accordance with the provisions of this section shall be made from the first three members on such list who is eligible for such promotion and is willing to accept such promotion.

Section 27. Any vacancy that occurs in the title of lieutenant colonel shall be filled by the colonel from uniformed members who hold the title of major or captain.

Any vacancy that occurs in the title of major shall be filled by the colonel from uniformed members who hold the title of captain.

Section 28. No person shall be eligible for appointment to the following titles until he shall have completed the following period of service as a uniformed member of the state police: sergeant, five years; lieutenant, eight years; captain, twelve years; and major, fourteen years.

Section 28A. Notwithstanding the provisions of sections forty-five and forty-six of chapter thirty, each officer in grade of lieutenant in the department of state police shall receive a base salary of fifteen point five percent greater than the regular salary payable to the next subordinate grade and all other commissioned officers and staff officers shall receive a base salary nine percent greater than the regular salary payable to the next subordinate grade, in accordance with a schedule submitted by the commissioner of administration to the house and senate committees on ways and means. The commissioner of administration in consultation with the colonel of state police shall establish procedures for a review of said salary schedule and shall submit recommendations for adjustments in subsequent years to the house and senate committees on ways and means.

Section 29. The colonel shall enter into an agreement with the Massachusetts Turnpike Authority for police service to be provided by the department to said authority. Said agreement shall fix the legal and fiscal responsibility pertaining to the operation and maintenance of such police service and shall include, but not be limited to, a provision for payments to the commonwealth for the cost of retirement, compensation of injured officers, sick leave, and other employee benefits and for a minimum allowance for departmental supervision. Said agreement shall also require the continuation of all terms and conditions of employment established under the applicable collective bargaining agreement pursuant to the provisions of chapter one hundred and fifty E by the commonwealth and the exclusive bargaining representative of any member of the state police providing such police service including, without limitation, the payment by the authority of any benefit or contribution therefor. Said agreement shall also include a provision that all expenses incurred by the department in providing such police service shall, upon proper requisition, be paid by the authority as such expenses are incurred.

Said agreement shall also provide for the appointment under section ten and assignment of such members of the state police as deemed necessary to meet the requirements of said authority including, but not limited to, the provisions of section fifteen of chapter three hundred and fifty-four of the acts of nineteen hundred and fifty-two; provided that such appointment and assignment of any such member of the state police by the colonel shall not be considered a violation of any provisions of chapter twenty-nine; and provided, further, that during such assignment and except as the colonel shall determine that an emergency exists or is threatened, such officers, in the performance of their duties, shall be subject to the operational control of the authority, and the chairman of the authority, but shall at all times be under the administrative and disciplinary control of the colonel.

Section 30. The colonel shall enter into an agreement with the Massachusetts Port Authority for police service to be provided by the department at the General Edward Lawrence Logan international airport. Said agreement shall fix the legal and fiscal responsibility pertaining to the operation and maintenance of such police service and shall include, but not be limited to, a provision for payments to the commonwealth for the cost of retirement, compensation of injured officers, sick leave, and other employee benefits and for a minimum allowance for departmental supervision. Said agreement shall also require the continuation of all terms and conditions of employment established under the applicable collective bargaining agreement pursuant to the provisions of chapter one hundred and fifty E by the commonwealth and the exclusive bargaining representative of any member of the state police providing such police service including, without limitation, the payment by the authority of any benefit or contribution therefor. Said agreement shall also include a provision that all expenses incurred by the department in providing such police service shall, upon proper requisition, be paid by the authority as such expenses are incurred.

Said agreement shall also provide for the appointment under section ten and assignment of such members of the state police as deemed necessary to meet the requirements of said authority including, but not limited to the provisions of section twenty-three of chapter four hundred and sixty-five of the acts of nineteen hundred and fifty-six; provided that such appointment and assignment of any such member of the state police by the colonel shall not be considered a violation of any provisions of chapter twenty-nine.

Section 31. The colonel shall enter into an agreement with the Massachusetts water resources authority for police service to be provided by the department to the authority. Said agreement shall fix the legal and fiscal responsibility pertaining to the operation and maintenance of such police service and shall include, but not be limited to, a provision for payments to the commonwealth for the cost of retirement, compensation of injured officers, sick leave, and other employee benefits and for a minimum allowance for departmental supervision. Said agreement shall also require that all terms and conditions of employment established under the applicable collective bargaining agreement pursuant to the provisions of chapter one hundred and fifty E by the commonwealth and the exclusive bargaining representative of any member of the state police providing such police service including, without limitation, the payment by the authority of any benefit or contribution therefor. Said agreement shall also include a provision that all expenses incurred by the department in providing such police service shall, upon proper requisition, be paid by the authority as such expenses are incurred.

Said agreement shall also provide for the appointment under section ten and assignment of such members of the state police as deemed necessary to meet the requirements of said authority including, but not limited to the provisions of chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-four; provided that such appointment and assignment of any such member of the state police by the colonel shall not be considered a violation of any provisions of chapter twenty-nine.

Section 32. For the purposes of sections thirty-three to thirty-five, inclusive, the following words shall have the following meanings:-

"Crime reporting unit", a joint project of the department of state police and the criminal history systems board charged with the responsibility of collecting incident reports submitted by state, local and campus police departments and other law enforcement authorities and disseminating periodic reports analyzing and interpreting crime rates and trends in the commonwealth.

"Hate crime", any criminal act coupled with overt actions motivated by bigotry and bias including, but not limited to, a threatened, attempted or completed overt act motivated at least in part by racial, religious, ethnic, handicap or sexual orientation prejudice, or which otherwise deprives another person of his constitutional rights by threats, intimidation or coercion, or which seek to interfere with or disrupt a person's exercise of constitutional rights through harassment or intimidation. Hate crime shall also include, but not be limited to, acts that constitute violations of sections thirty-seven and thirty-nine of chapter two hundred and sixty-five, section one hundred and twenty-seven A of chapter two hundred and sixty-six and chapter two hundred and seventy-two.

"Hate crime data", information, incident reports, records and statistics relating to hate crimes, collected by the crime reporting unit.

"Incident report", an account of occurrence of a hate crime received or collected by the crime reporting unit.

Section 33. The colonel shall promulgate regulations relative to the collection of hate crime data. Said regulations shall include, but not be limited to, the following:

(1) establishment of a central repository for the collection and analysis of hate crime data and, upon the establishment of such repository, the crime reporting unit shall be responsible for collecting, analyzing, classifying and reporting such data, and shall maintain this information in a central repository;

(2) procedures necessary to ensure effective data-gathering and preservation and protection of confidential information, and the disclosure of information in accordance with section thirty-five;

(3) procedures for the solicitation and acceptance of reports regarding hate crimes which are submitted to the crime reporting unit;

(4) procedures for assessing the credibility and accuracy of reports of hate crime data from law enforcement agencies.

Section 34. The crime reporting unit shall summarize and analyze reports of hate crime data which shall be received by said unit. Said unit shall transmit copies of all such reports regarding hate crime data to the governor, the attorney general, the joint committees on public safety, criminal justice and the judiciary, and the senate and house committees on ways and means. Such annual reports shall be a public record.

Section 35. The crime reporting unit shall cause any hate crime data collected to be made available for use by any law enforcement agency and shall also be made available to any unit of local government, to any state agency and to the general public in a manner consistent with the requirements of sections one hundred and sixty-seven and one hundred and sixty-eight of chapter six. Dissemination of such information shall be subject to all confidentiality requirements otherwise imposed by law.

Section 36. The colonel shall provide within the department for receiving, arranging and keeping proper means for the identification of criminals and for the furnishing of means of identification of criminals to police departments of cities and towns, to the department of correction, to any sheriff's department, to the parole board and to prosecuting officers within the commonwealth. He may in his discretion furnish means of identification of criminals to proper officers in other states and in foreign countries. He may secure means of identification including measurements, photographs, fingerprints and other means, so that known criminals may be identified in the commonwealth. The colonel shall, on his own initiative, or upon request of the chief police officer of any city or town, sheriff, commissioner of correction, chairman of the parole board, or of any district attorney within the commonwealth, furnish to such chief police officer, sheriff, commissioner, chairman or district attorney such information as he has in his possession which may tend to assist in the identification of or apprehension of criminals. Systems operated by the criminal history systems board, pursuant to sections one hundred and sixty-seven to one hundred and seventy-eight, inclusive, of chapter six, may be used for such record keeping purposes provided that such records shall remain subject to the regulations of said board.

Section 37. Not less than seven days before the time set for the release or discharge on parole, or otherwise, of any person confined in a penal or reformatory institution of the commonwealth or of any county under sentence for an assault of an indecent nature under section thirteen A of chapter two hundred and sixty-five, for a violation of any provision of sections thirteen B or twenty-two to twenty-four, inclusive, of said chapter two hundred and sixty-five, of sections sixteen, seventeen, thirty-four or thirty-five of chapter two hundred and seventy-two, and so much of section fifty-three of said chapter two hundred and seventy-two as pertains to lewd, wanton and lascivious persons in speech or behavior or to persons guilty of indecent exposure, or of any person confined in any facility, as defined in section one of chapter one hundred and twenty-three, or in the Bridgewater state hospital, who was removed thereto after conviction of a violation of any such provision or was committed thereto during the pendency of a complaint or indictment for a violation of any such provision, the officer in charge of such institution, department or hospital, as the case may be, shall notify the colonel in writing of such intended release or discharge; provided, that if any person is released or discharged as aforesaid under such circumstances that it is not possible for the officer in charge to comply with the foregoing provision, he shall so notify the colonel as soon as possible that such person will be or has been released or discharged as aforesaid. Upon receipt of any such notice, the colonel shall furnish to the police authorities of each city and town, and to each district attorney within the commonwealth the name of the person referred to in such notice, his known aliases, if any, his last known address, his age, height and weight, his photograph, a description of his fingerprints, a summary of his criminal history and a list of any institutions for the insane and departments for defective delinquents in which he has been known to have been confined, and such other information as the colonel deems necessary.

In all cases covered by this section where a fine is imposed or sentence suspended, the clerk of court shall furnish release data to the colonel of state police on forms furnished by him.

In all cases where a person has been found guilty of any offense of similar nature to those enumerated above in any court of competent jurisdiction outside of the commonwealth and the colonel has knowledge that such person has been released or resides within the commonwealth, the aforesaid descriptive data insofar as available may be furnished to the police authorities of each city and town and to each district attorney, within the commonwealth.

Section 38. The criminal information section of the department shall be charged with the following duties and functions:

(a) Said section shall collect, by investigation of its own and by receipt from other law enforcement agencies, information concerning organized crime, organized illegal gambling, and other illegal activities generally described as rackets, including information as to the identity and doings of persons who engage in, promote, operate or participate in such activities and of persons arrested for the illegal use, sale or possession of harmful drugs or narcotics.

(b) Said section shall maintain files of all such information which it collects and receives, and shall serve as a clearinghouse of intelligence for all law enforcement agencies within the commonwealth concerning such activities and such persons, and may provide to and receive for similar agencies outside the commonwealth any such information. Any police department of the commonwealth, or any of its political subdivisions, may, by request, in the form and manner prescribed by said section, receive such information as is in the files of said section concerning such activities and such persons in which said police department has an official interest. Such clearinghouse functions of said section shall constitute a cooperative relationship between said section and said police departments; and if in the discretion of the head of said section, responding to such request for information might interfere with an investigation being carried on by some other department or by said section, he may, with the approval of the colonel, deny the request. Systems operated by the criminal history systems board, pursuant to sections one hundred and sixty-seven to one hundred and seventy-eight, inclusive, of chapter six, may be used for such record keeping purposes provided that such record shall remain subject to the regulations of said board.

(c) Said section shall from time to time advise the local police departments of new schemes or rackets which may come to its attention, of new devices, techniques, methods of operation, and other matters of interest relating to such activities and such persons, so that the police of the commonwealth and its political subdivision shall be better informed and thus better able to enforce the laws with respect to such activities and such persons.

(d) The clerk of any court in which a person is convicted of a crime involving gaming of any kind, drug and narcotic violations, the sale or possession of pornographic literature or the improper solicitation or use of funds for charitable purposes, shall forthwith report such conviction to said section. The probation officer of said court shall furnish to the clerk a description of any person so convicted, which shall be on a form prescribed by the colonel.

Section 39. A certificate by a chemist of the department of the result of an analysis made by him of a drug furnished him by a member of the state police, signed and sworn to by such chemist, shall be prima facie evidence of the composition, quality and when appropriate, net weight of any mixture containing such drug.

Section 40. The narcotics unit within the criminal information section shall be charged with the following duties and functions: to investigate all violations of the narcotic and harmful drug laws of the commonwealth; to arrest all violators of such laws; and to cooperate with the department of the attorney general in training personnel assigned to the narcotics unit in practices and procedures relating to the narcotic and harmful drug laws pursuant to section eleven B of chapter twelve.

Section 41. A certificate by a chemist of the department of the result of analysis made by him for the presence of a sperm cell or cells or seminal fluid on or in any material or substance furnished him by a police officer of any department, signed and sworn to by such chemist, shall be prima facie evidence of the presence of a sperm cell or cells or seminal fluid on or in such material or substance.

Section 42. In proceedings under sections twenty-seven A, twenty-eight, twenty-nine, one hundred and eleven A and one hundred and thirty-nine of chapter two hundred and sixty-six, certified copies of any motor vehicle or trailer ownership records, including computer records, in the possession of the registrar of motor vehicles, attested by the registrar or his designee or, if the motor vehicle or trailer is registered or titled in another state, such records similarly certified by the keeper of records of the appropriate motor vehicle department, shall be admissible as proof of ownership of a motor vehicle or trailer and shall be prima facie evidence that the use of the motor vehicle or trailer was unauthorized. If the defendant rebuts such evidence, the commonwealth may be granted a reasonable continuance to enable the owner of the vehicle to be brought into court to testify.

Section 43. Any person affected by an order of the department or of a division or officer thereof, may, within such times as the colonel may fix, which shall not be less than ten days after notice of such order, appeal to the colonel who shall thereupon grant a hearing, and after such hearing the colonel may amend, suspend or revoke such order. Any person aggrieved by an order approved by the colonel may appeal to the superior court; provided, that such appeal is taken within fifteen days from the date when such order is approved or made. The superior court shall have jurisdiction in equity upon such appeal to annul such order if found to exceed the authority of the department or upon petition of the colonel to enforce all valid orders issued by the department. Nothing herein contained shall be construed to deprive any person of the right to pursue any other lawful remedy.

Section 44. The colonel may after two years destroy or otherwise dispose of applications for approval of entertainments on Sunday, inspection reports of theaters and halls under the state building code, and applications for permits for special exhibitions of pictures. Any proceeds received from their disposal shall be paid to the commonwealth.

Section 45. If money, goods or other property which has been stolen, lost, abandoned or taken from a person under arrest comes in the possession of an officer or other employee of the department by virtue of his office or employment, he shall deliver the same to the person designated by the colonel to receive the same and shall thereupon be relieved from further responsibility therefor. If no person proves ownership of such money, goods or other property within six months, the colonel may cause the same, except money unclaimed, to be sold at public auction at such place and time and by such person as the colonel may designate. Notice of the time and place of sale, with a description of the property, shall be given by publishing the same once in a newspaper published in the county where the property was found or taken as aforesaid.

Section 46. Such property, if perishable or liable to deteriorate greatly in value by keeping, or the value of which will probably be less than the expense of keeping, may be sold at public auction at such place and at such time within six months and by such person as the colonel may designate, such notice of the time and place of sale as the colonel may deem reasonable and proper first being given.

Section 47. The proceeds of such sales, together with such unclaimed money, after deducting all reasonable charges and expenses incurred on account of such property, shall be accounted for and paid to the commonwealth.

Section 48. If, within two years and six months after such money has come into the possession of an officer or other employee of said department or within two years after any such sale, the owner claims such property and proves ownership to the satisfaction of the colonel, the amount of such unclaimed money or the proceeds of the sale of such property, after deducting reasonable expenses, shall be paid to him by the state treasurer.

Section 49. The form used by an investigating police officer to make a report concerning any incident, offense or alleged offense investigated or any arrest made shall provide a space to indicate whether such incident, offense, alleged offense or arrest involved abuse as defined in section one of chapter two hundred and nine A.

Section 50. Upon requisition of the commanding officer or other person in charge of a reservation of the United States of America, the colonel, or the mayor or the selectmen of any city or town the territory of which adjoins or includes, in whole or in part, such reservations, may provide police officers, who shall perform such police duties within such reservation as such commanding officer or other person may assign to them, and who shall, while on such assignment, have the authority, immunities and privileges that they would have while acting as duly appointed and qualified police officers elsewhere within the commonwealth.

Guards appointed by the trustees of the University of Massachusetts in connection with the operation of any part of said university within the limits of any such reservation may perform police duties under the direction of the commanding officer or the person in charge of such reservation, and while performing such duties within such limits shall have the same authority, immunities and privileges as duly appointed and qualified police officers acting as such elsewhere within the commonwealth.

Section 51. The colonel, upon the petition of a railroad corporation, or of a railway company, or of The Boston Terminal Corporation, or of Railway Express Agency, Inc., or of a common carrier of passengers by water for hire having a usual place of receiving or discharging passengers within the commonwealth, may from time to time appoint as special state police officers as many of the persons designated in said petition and being citizens of the United States as it may deem proper, for the purposes and with the powers hereinafter set forth. Any person, appointed as a special state police officer upon the petition of a railroad corporation, may act as a police officer upon the premises and vehicles of any corporation transporting passengers or property by motor vehicle under the joint control and management of said corporation and said railroad corporation, which, for the purposes of this and sections fifty-two and fifty-three, shall be considered as being the premises, cars and vehicles of said railroad corporation.

Section 52. A record of all such appointments, made pursuant to section fifty-one, shall be kept by the department, and shall be open to public inspection, and such appointment shall constitute the person or persons named therein railroad, railway, railway express or steamboat police, respectively, in any city or town where the petitioner corporation or company referred to in section fifty-one operates its cars, vehicles, boats or vessels, or the carrier so referred to is accustomed to receive or discharge passengers or freight, or steamboat police upon the premises and at the wharves and landing places and upon the boats and vessels of such carrier by water, while within the boundaries of the commonwealth, and shall be conclusive evidence of the regularity of their appointment.

Section 53. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make a return thereof to the department upon a form provided by said department. Upon receipt of said return, said department shall issue a license to each person so designated in accordance with the provisions of section fifty-one to act as a police officer. Such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of such person named therein and of his authority to act as such police officer. Such special state police officers shall hold their offices until their appointment is revoked by the colonel, or until the petitioner corporation or company, upon ceasing to require the service of any such officers, shall file a notice to that effect with the department and thereupon the power of such special state police officer shall cease.

Section 54. Constables, city marshals, chiefs of police and all other police officers shall, within the respective cities and towns, aid the governor in the performance of his duties whenever called upon, and any such officer who refuses so to do when called upon shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months.

Section 56. The colonel may appoint two or more agents of the Massachusetts Society for the Prevention of Cruelty to Children as special state police officers for a term of three years, who shall serve without pay and shall have and exercise throughout the commonwealth the powers of state police officers to serve warrants and other criminal processes, except the authority to arrest without warrant.

Section 57. The colonel may appoint, at the request of the Massachusetts Society for the Prevention of Cruelty to Animals, the Berkshire Animal Protective Society, Inc., the Animal Rescue League of Boston, the Boston Work Horse Relief Association, the Lowell Humane Society, the Worcester Animal Rescue League or the Animal Rescue League of New Bedford, duly accredited agents of said corporations as special state police officers to serve for one year subject to removal by the colonel. Such special state police officers shall report to him relative to their official acts as such police officers at such times and in such manner as the colonel may require. They shall serve without pay, except their regular compensation as agents of said corporation. They shall receive no fees for services or return of any criminal process and shall have throughout the commonwealth the powers of constables and police officers to arrest and detain any person violating any law for the prevention of cruelty to animals.

Section 58. The colonel may, at the request of the Port of Boston Authority, appoint as special state police officers employees of said authority. Such special state police officers shall serve for one year, subject to removal by the colonel, and they shall have the same power to make arrests as the state police for any criminal offense committed in or upon lands, piers or structures within the charge of said authority. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said authority, and they shall receive no fees for services or return of any criminal process.

Section 59. The colonel may, upon petition of the commissioner of mental health or the commissioner of mental retardation, appoint as special state police officers employees of the department of mental health or the department of mental retardation or employees of various institutions under the respective jurisdictions of said departments, who shall have the same power to make arrests as the state police for any criminal offense committed in or upon lands or structures within the charge of said departments or of the various institutions under the respective jurisdictions of said departments. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make return thereof to the department upon a form provided by said department. Upon receipt of said return the department shall issue a license to each person designated to act as a special state police officer, and such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of the person named therein and of his authority to act as such special state police officer. A special state police officer shall hold his office until his license expires or is revoked by the colonel, or until the petitioner files a notice with the department that the services of such officer are no longer required. The colonel may provide that the license and any renewal thereof shall expire on the anniversary of the birth of the person named therein not less than one nor more than two years following the date of issue. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except for their regular compensation as employees of the department of mental health, the department of mental retardation, or the various institutions under the respective jurisdictions of said departments, and they shall receive no fees for services for return of any criminal process.

Section 60. The colonel may, upon petition of the commissioner of public health, appoint as special state police officers employees of the department of public health or employees of the various institutions under its jurisdiction, who shall have the same power to make arrests as the state police for any criminal offense committed in or upon the lands or structures within the charge of the department of public health or the various institution under its jurisdiction. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make a return thereof to the department upon a form provided by said department. Upon receipt of said return, the department shall issue a license to each person designated to act as a special state police officer, and such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of the person named therein and of his authority to act as such special state police officer. Such a special state police officer shall hold his office until his license expires or is revoked by the colonel, or until the petitioner files a notice with the department that the services of such officer are no longer required. The colonel may provide that the license and any renewal thereof shall expire on the anniversary of the birth of the person named therein not less than one nor more than two years following the date of issue. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of the department of public health or the various institutions under its jurisdiction, and they shall receive no fees for services or return of any criminal process.

Section 61. The colonel may, at the request of the Massachusetts Turnpike Authority, appoint as special state police officers employees of said authority. Such special state police officers shall serve for one year, subject to removal by the colonel, and they shall have the same power to make arrests as the state police for any criminal offense committed in or upon lands or structures within the control of said authority. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of the said authority, and they shall receive no fees for service or return of any criminal process.

Section 62. The colonel may, upon petition of the board of trustees of the Soldiers' Home in Holyoke, or the Soldiers' Home in Massachusetts located in the city of Chelsea, as the case may be, appoint as special state police officers employees of said institutions, who shall have the same power to make arrests as the state police for any criminal offense committed in or upon land or structures within the charge of said boards of trustees, respectively. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make a return thereof to the department upon a form provided by it. Upon receipt of said return the department shall issue a license to each person designated to act as a special state police officer, and such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of the person named therein and of his authority to act as such special state police officer. A special state police officer shall hold his office until the petitioner files a notice with the department that the services of such officer are no longer required. The colonel may provide that the license or renewal thereof shall expire on the anniversary of the date of birth of the person named therein not less than one nor more than two years following the date of issue. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said institutions, and they shall receive no fees for services or return of any criminal process.

Section 63. The colonel may, upon such reasonable terms and conditions as may be prescribed by him, at the request of an officer of a college, university, other educational institution or hospital licensed pursuant to section fifty-one of chapter one hundred and eleven, appoint employees of such college, university, other educational institution or hospital as special state police officers. Such special state police officers shall serve for three years, subject to removal by the colonel, and they shall have the same power to make arrests as regular police officers for any criminal offense committed in or upon lands or structures owned, used or occupied by such college, university, or other institution or hospital.

Each application for appointment as a special state police officer or a renewal thereof shall be accompanied by a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.

The colonel may promulgate such rules and regulations as may be necessary to ensure proper standards of skill. Said rules and regulations shall conform to the provisions of chapter thirty A.

Section 64. The colonel may, at the request of the director of civil defense, appoint employees of the civil defense agency as special state police officers. Such special state police officers shall serve for one year, subject to removal by the colonel, shall receive such training as the colonel shall direct and shall have the same power to make arrests as the state police of any criminal offense committed in or upon lands or structures located in the town of Framingham within the charge of said director. Such officers shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without compensation, other than their regular compensation as employees of said agency.

Section 65. The colonel may, upon petition of the board of trustees of the Middlesex County Sanatorium, appoint as special state police officers employees of said institution, who shall have the same power to make arrests as regular police officers for any criminal offense committed in or upon lands, or structures owned, used or occupied by said sanatorium. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make a return thereof to the department upon a form provided by said department. Upon receipt of said return, the department shall issue a license to each person designated to act as a special state police officer, and such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of the person named therein and of his authority to act as such special state police officer. A special state police officer shall hold his office until his license expires or is revoked, by the colonel, or until the petitioner files a notice with the department that the services of such officer are no longer required. The colonel may provide that the license and any renewal thereof shall expire on the anniversary of the birth of the person named therein not less than one nor more than two years following the date of issue. Such special state police officer shall report to the colonel as to his official acts at such times and in such manner as the colonel may require. Such special state police officer shall serve without pay, except his regular compensation as an employee of said institution, and shall receive no fees for services or return of any criminal process.

Section 66. The colonel may, at the request of the commissioner of the department of employment and training, appoint as special state police officers employees of said department. Such special state police officers shall serve for one year, subject to removal by the colonel, and they shall have the same power to make arrests as the state police for any violation of section forty-seven of chapter one hundred and fifty-one A and shall have the power to serve warrants and other criminal processes. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said department, and they shall receive no fees for service or return of any criminal process.

Section 67. The colonel may, at the request of the state lottery commission, appoint as special state police officers employees of said lottery commission holding the title of chief of security, security officer, license agent, field investigator, supervisor of beano, or assistant supervisor of beano. Such special state police officers shall serve for one year, subject to removal by the colonel, and they shall have the same power to make arrests as the state police for any criminal offense committed in connection with any activities operated or regulated by the state lottery commission. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said lottery commission, and they shall receive no fees for service or return of any criminal process.

Section 68. The colonel may, at the request of the director of the bureau of special investigations, with the approval of the fraudulent claims commission, appoint as special state police officers employees of said bureau who have undergone training as required by said colonel. Such special state police officers shall serve for one year, subject to removal by the colonel, and they shall have and exercise throughout the commonwealth the same powers as state police officers to serve warrants and other criminal processes for any criminal offense resulting from either a fraudulent claim for payment or service under any assistance program administered by the department of public welfare or any program administered by the department of social services or a receipt of payment or services by a person to entitled thereto or for any violation of chapter two hundred and seventy-three relative to the support of spouses and children for whom the department of public welfare is entitled to receive payment, or in whose behalf said department is giving aid; except, that said officers shall not have the authority to arrest without a warrant. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said bureau, and they shall receive no fees for service or return of any criminal process. This section shall not be construed as authorizing any person appointed as a special state police officer as provided herein to carry a firearm in the performance of his duties.

Section 69. The colonel of state police may promulgate rules and regulations as may be necessary to insure proper standards of skill for special state police officers licensed by said colonel under the provisions of sections fifty-six to sixty-eight, inclusive.

SECTION 23. Section 1 of chapter 31 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 133 to 136, inclusive, the words "a position in the detective force of the state department of public safety, in the capitol police force, or in the police force of the metropolitan district commission, and (3)".

SECTION 24. Section 7 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 9 to 12, inclusive, the words ", in the capitol police force, in the police force of the metropolitan district commission and in the detective force of the state department of public safety, other than promotions to positions in said force specified by section nine P of chapter twenty-two,".

SECTION 25. Section 64 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 2 to 4, inclusive, the words "metropolitan district police force, the Massachusetts bay transportation authority police force, or the capitol police force" and inserting in place thereof the following words:- Massachusetts bay transportation authority police force.

SECTION 26. Said section 64 of said chapter 31, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words "metropolitan district police force, the Massachusetts bay transportation authority police force or the capitol police force" and inserting in place thereof the following words:- Massachusetts bay transportation authority police force.

SECTION 27. Said section 64 of said chapter 31, as so appearing, is hereby further amended by striking out, in lines 20 and 21, the words "metropolitan district police force or the Massachusetts bay transportation authority police force, or the capitol police force," and inserting in place thereof the following words:- Massachusetts bay transportation authority police force.

SECTION 28. Said section 64 of said chapter 31, as so appearing, is hereby further amended by striking out, in lines 29 and 30, the words "metropolitan district police, the Massachusetts bay transportation authority police force, or the capitol police" and inserting in place thereof the following words:- Massachusetts bay transportation authority police.

SECTION 29. Section 65 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "metropolitan district police force and the capitol police" and inserting in place thereof the following words:- Massachusetts bay transportation authority police.

SECTION 30. Said section 65 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 33 and 34, the words "metropolitan district police force, the Massachusetts bay transportation authority police force, or the capitol police" and inserting in place thereof the following words:- Massachusetts bay transportation authority police.

SECTION 31. Section 3 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in lines 304 and 305, the words "division of state police in the department of public safety" and inserting in place thereof the following words:- department of state police.

SECTION 32. Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 313 to 318, inclusive, the words "; officials and employees of the registry of motor vehicles appointed by the registrar under section twenty-nine of chapter ninety; capitol police; members of the state police detectives appointed under section six of chapter twenty-two, serving in any division of the department of public safety; members of the police force of the metropolitan district commission".

SECTION 33. Said chapter 32, as so appearing, is hereby further amended by striking out section 26 and inserting in place thereof the following section:-

Section 26. (1) As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:-

"Officer", an officer of the department of state police appointed thereto under section ten of chapter twenty-two C.

"Rating board", a board having the powers and duties provided for in this section, and consisting of the state surgeon, the commissioner of public health, the colonel of state police, or a subordinate designated by any of them from time to time by a writing filed in the office of the state board of retirement.

(2)(a) Any member in service classified in Group 3 who is an officer of the department of state police shall be retired by the state board of retirement in case the rating board, after an examination of such officer by a registered physician appointed by it, shall report in writing to the state board of retirement that such officer is physically or mentally incapacitated for the performance of duty by reason of (i) illness incurred through no fault of his own in the actual performance of duty or (ii) an injury resulting from an accident occurring during the performance and within the scope of his duty and without contributory negligence on his part, and that such incapacity is likely to be permanent.

(b) Upon retirement under the provisions of this subdivision, a member shall receive a retirement allowance to become effective on the date of his retirement. Payments under such allowance shall be made as provided for in sections twelve and thirteen and the normal yearly amount thereof shall be equal to the sum of:

(i) A yearly amount of annuity equal to the yearly amount of the regular life annuity specified in clause (i) of Option (a) of subdivision (2) of section twelve; and

(ii) A yearly amount of pension equal to seventy-two percent of the annual rate of his regular compensation on the date such illness or injury was incurred, or equal to seventy-two percent of the average annual rate of his regular compensation on the date such illness or injury was incurred, or equal to seventy-two percent of the average annual rate of his regular compensation for the twelve month period for which he last received regular compensation immediately preceding the date his retirement allowance becomes effective, whichever is greater; provided, however, that for any employee who was not a member in service on or before January first, nineteen hundred and eighty-eight or has not been continuously a member in service since such date, the total yearly amount of the sum of such pension and the annuity as determined in accordance with the provision of subparagraph (i) shall not exceed seventy-five percent of the annual rate of regular compensation as determined in the subparagraph; and provided, further, that no individual who is a member in service on January first, nineteen hundred and eighty-eight whose allowance is limited by the seventy-five percent limitation as established in this subparagraph, shall receive an amount of pension that is less than seventy-two percent of such individual's regular compensation on said January first, nineteen hundred and eighty-eight; and

(iii) A yearly amount of additional pension determined at the rate fixed by the actuary as hereinafter provided, for each surviving unmarried child of such member who is under the age of eighteen or who was over said age and physically or mentally incapacitated from earning on the date of such member's retirement. Such additional pension on account of any child shall be paid only so long as such child survives, remains unmarried and is under the age of eighteen or, if over such age remains physically or mentally incapacitated from earning or, if over said age and under the age of twenty-one, is a full-time student at an accredited educational institution offering full-time courses of study equivalent to or higher than secondary school study. The words "accredited educational institution" shall mean any school, college, or university that is licensed, approved, or accredited, as the case may be, in the state in which it is located. Beginning July first, nineteen hundred and eighty-eight such additional pension shall be fixed at a rate of four hundred and fifty dollars for each eligible child. Beginning July first, nineteen hundred and eighty-nine, such rate shall be increased by an amount equal to the percentage increase in the cost of living determined by the general court for such year pursuant to section one hundred and two.

(a) Any member in service classified in Group 3 shall be retired by the state board of retirement upon his attaining age fifty-five; provided that any such member in Group 3 who has performed service in the department of state police for not less than twenty years and who has not attained the age of fifty-five may elect to retire pursuant to the provisions of this subdivision.

(b) Any member in service classified in Group 3 who has performed service in the department of state police for not less than twenty years and who has not attained age fifty-five shall be retired by the state board of retirement if the rating board, after an examination of such member by a registered physician appointed by it, shall report in writing to the state board of retirement that he is physically or mentally incapacitated for the performance of duty and that such incapacity is likely to be permanent.

(c) Upon retirement under the provisions of this subdivision, a member shall receive a retirement allowance to become effective on the date of his retirement. Payments under such retirement allowance shall be made as provided for in sections twelve and thirteen and the normal yearly amount thereof shall be equal to sixty percent of the average annual rate of his regular compensation during the twelve-month period of his creditable service immediately preceding the date his retirement allowance becomes effective; provided, that the total amount of the allowance shall be increased by one-twelfth of three percent for each full month of service in excess of twenty years of service and prior to the last day of the month in which such member will reach the age of fifty-five; provided, further, that such retirement allowance shall in no case exceed seventy-five percent of such regular compensation; and provided, further, that if a member shall reach his fifty-fifth birthday and shall not have completed such twenty years of service, the amount of his retirement allowance shall be calculated by subtracting from such normal yearly amount one-twelfth of three percent for each full month of service that his service is less than twenty years. Any member retired under the provision of this subdivision who is a veteran as defined in section one shall receive an additional yearly retirement allowance of fifteen dollars for each year of creditable service or fraction thereof; provided, that the total amount of said additional retirement allowance shall not exceed three hundred dollars in any case.

(4) Sections five, six, eight and sixteen, subdivisions (1) to (3), inclusive, of section ten, and all other provisions of sections one to twenty-eight, inclusive, which are inconsistent with any provisions of this section, shall not apply to any member so classified in Group 3. Section seven shall not apply to any member so classified to whom the provisions of subdivision (2) of this section are applicable.

SECTION 34. Section 28A of said chapter 32, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Any provision in sections one to twenty-eight, inclusive, to the contrary, notwithstanding, any officer of the department of state police appointed under section ten of chapter twenty-two C who has performed service in said department for not less than twenty years shall, at his own request, be retired by the state retirement board.

SECTION 35. Section twenty-eight B of said chapter thirty-two is hereby repealed.

SECTION 35A. Section twenty-eight L of said chapter thirty-two is hereby repealed.

SECTION 35B. Sections sixty-eight and sixty-nine of said chapter thirty-two are hereby repealed.

SECTION 36. Section 71 of said chapter 32, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 35, the words "and the two preceding sections" and inserting in place thereof the following word:- section.

SECTION 36A. Said section 71 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 38, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of state police.

SECTION 36B. Section 72 of said chapter 32, as so appearing, is hereby amended by striking out, in line 10, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of state police.

SECTION 37. Section 89 of said chapter 32, as so appearing, is hereby amended by striking out, in lines 95 to 98, inclusive, the words "members of the department of public safety doing police duty, inspectors or examiners of the registry of motor vehicles in the department of public works" and inserting in place thereof the following words:- uniformed members of the department of state police.

SECTION 38. Said section 89 of said chapter 31, as so appearing, is hereby further amended by striking out the sixth paragraph.

SECTION 39. Section 89A of said chapter 32, as so appearing, is hereby amended by striking out, in lines 98 to 101, inclusive, the words "members of the department of public safety doing police duty, occurring on or after August twenty-fifth, nineteen hundred and thirty-two in the case of investigators or examiners of the registry of motor vehicles" and inserting in place thereof the following words:- uniformed members of the department of state police.

SECTION 40. Said section 89A, as so appearing, is hereby further amended by striking out, in lines 113 to 115, inclusive, the words "members of the department of public safety doing police duty, occurring on or after January first, nineteen hundred and thirty-five in the case of investigators or examiners of the registry of motor vehicles" and inserting in place thereof the following words:- uniformed members of the department of state police.

SECTION 41. Section 90A of said chapter 32, as so appearing, is hereby amended by striking out, in lines 18 to 20, inclusive, the words "metropolitan district police officers holding similar positions, at the time of increasing such allowance, in the same grade or classification" and inserting in place thereof the following words:- state police officers holding similar positions, at the time of increasing such allowance, in the comparable grade or classification, as determined by the personnel administrator.

SECTION 42. Section 94 of said chapter 32, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words ", or of the police force of the metropolitan district commission".

SECTION 43. Said section 94 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 8 and 9, the words "in the department of public safety, or of the capitol police".

SECTION 44. Said section 94 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 10 to 12, inclusive, the words ", or to any employee of the registry of motor vehicles in the department of public works who entered the service of the registry as an investigator or examiner and performed police duty".

SECTION 45. Section 111 of chapter 33 of the General Laws, as so appearing, is hereby amended by striking out, in line 19, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of state police.

SECTION 46. Section 36B of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words ", or the metropolitan district commission police".

SECTION 47. Section 36C of said chapter 40, as so appearing, is hereby amended by striking out, in lines 1 to 3, the words "of the police force of the metropolitan district commission, and of the uniformed branch of the state police" and inserting in place thereof the following words:- and all uniformed members of the state police.

SECTION 47C. Said section 36C of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 20 and 21, the words "metropolitan district commission or the".

SECTION 48. Chapter 41 of the General Laws is hereby amended by striking out section 87A, as so appearing, and inserting in place thereof the following section:-

Section 87A. The director of standards, upon the written request of the colonel of state police, shall appoint any of those persons appointed under section ten of chapter twenty-two C as weighers and measurers of motor vehicles and trailers and of the loads of such vehicles and trailers. Before entering upon their duties, such weighers and measurers shall be sworn. Such officers shall serve as long as they have the powers of police officers or until said colonel shall in writing request the director to revoke such appointment.

SECTION 49. The first paragraph of section 96B of said chapter 41, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Every person who receives an appointment to a position on a permanent full-time basis in which he will exercise police powers in a municipal police department, the Massachusetts bay transportation authority police, or the division of law enforcement within the department of fisheries, wildlife and environmental law enforcement shall, prior to exercising any police powers, be assigned to and satisfactorily complete a prescribed course of study at a regional or municipal police training school, approved by the Massachusetts criminal justice training council, hereinafter referred to as the council.

SECTION 50. The second paragraph of said section 96B of said chapter 41, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Every regular police officer on a permanent full-time basis in any such municipal police department, the Massachusetts bay transportation authority police, or the division of law enforcement within the department of fisheries, wildlife and environmental law enforcement shall be assigned to and shall attend a regional or municipal police training school approved by the council for the purpose of completing an approved course of study of in-service training at such intervals and for such periods of time as the council may determine.

SECTION 51. Section 108L of said chapter 41 is hereby amended by striking out the first paragraph, as amended by section 124 of chapter 138 of the acts of 1991, and inserting in place thereof the following paragraph:-

There is hereby established a career incentive pay program offering base salary increases to regular full-time members of the various city and town police departments, uniformed members of the department of state police appointed under said section ten, state police detectives appointed under section ten of said chapter twenty-two C, as a reward for furthering their education in the field of policework.

SECTION 52. The fifth paragraph of said section 108L of said chapter 41, as amended by section 125 of said chapter 138, is hereby further amended by striking out the third sentence and inserting in place thereof the following sentence:- The board of higher education shall also certify the amount of the career incentive salary increases to be allocated to the members of the department of state police appointed under section ten of chapter twenty-two C from information filed with said board on or before September first of each year by the colonel of state police.

SECTION 53. Section 57G of chapter 48 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 4 to 6, inclusive, the words ", and the superintendent of the metropolitan district commission police, and the chief of the capitol police,".

SECTION 53A. Section 1 of chapter 62E of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the words "thirty R of chapter seven" and inserting in place thereof the following words:- fifteen B of chapter twenty-two.

SECTION 54. Section 26 of chapter 64C of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2 and in lines 4 and 5, the words "commissioner of public safety" and inserting in place thereof, in each instance, the following words:- colonel of state police.

SECTION 55. Section 10 of chapter 66 of the General Laws, as so appearing, is hereby amended by striking out, in lines 11 and 12, the words "capitol police, the Massachusetts Bay Transportation Authority police, the metropolitan district commission police" and inserting in place thereof the following words:- the Massachusetts bay transportation authority police.

SECTION 56. Section 2C of chapter 85 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words "the officer in charge of the uniformed branch of the state police, the superintendent of the metropolitan district police," and inserting in place thereof the following words:- the colonel of state police.

SECTION 57. Section 22C of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "or if a captain or lieutenant of the metropolitan district commission police force".

SECTION 58. Said chapter 90 is hereby further amended by striking out section 29, as so appearing, and inserting in place thereof the following section:-

Section 29. The registrar shall appoint, and for cause, remove, a deputy registrar, chief deputy registrar, assistant to the registrar, and hearing officers, and may delegate to such deputy registrar, chief deputy registrar, assistant to the registrar and hearing officers, the performance of any duty imposed upon the registrar relative to the administration of laws relating to motor vehicles. The registrar may investigate the cause of any accident in which any motor vehicle is involved, and for this purpose may request of the colonel of state police to send his investigators into other states. The police department having jurisdiction over the place or the way where such accident occurred shall notify the registrar forthwith of any fatal accident or accident involving serious injury. The chief officer of the police department of every city and town, the chairman of the board of selectmen of such towns as have no regular police department, or, in the case of toll roads or toll bridges, the chief officer of the police force having jurisdiction to enforce laws relating to motor vehicles thereon, or the chief officer of the police department supervising the accident investigation if two departments have concurrent jurisdiction, shall notify the registrar within fifteen days, upon blanks furnished by him, of the particulars of every accident referred to in section twenty-six which happens within the limits of his city, town, or jurisdiction, or on such toll road or bridge, in which a motor vehicle is involved, together with such further information relative to such accident as the registrar may require, and shall also, if possible ascertain the name of the person operating such vehicle and notify the registrar of the same. Every such officer, upon the request of the registrar, shall demand forthwith the license of any operator and the certificate of registration and may take into his possession the number plates of any motor vehicle situated in a city or town within such officer's jurisdiction when said license or certificate has been suspended or revoked by the registrar and shall forward the said license, certificate and plates to the registrar. Whenever the death of any person results from any such accident, the registrar shall suspend forthwith the license or right to operate of the person operating the motor vehicle in said accident, and shall order the said license to be delivered to him, unless a preliminary investigation indicates that the operator may not have been at fault; and the registrar shall revoke the same unless, upon investigation and after a hearing, he determines that the accident occurred without serious fault upon the part of the operator of such motor vehicle, and shall order the said license to be delivered to him if not already delivered as aforesaid. No operator whose license is revoked or whose right to operate is suspended under this section shall be licensed again nor shall his right to operate be reinstated within six months after the date of the revocation of the license if it was not suspended prior to such revocation, provided, that the foregoing shall not be construed to authorize the exercise of such discretion contrary to any provision of section twenty-four.

SECTION 59. Paragraph (2) of section 34 of said chapter 90, as so appearing, is hereby amended by striking out clause (h) and inserting in place thereof the following clause:-

(h) For expenditure, under the direction of the colonel of the state police, for the maintenance, in part, of the department of state police.

SECTION 60. Section 12 of chapter 90B of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words ", town and metropolitan district commission" and inserting in place thereof the following words:- and town.

SECTION 61. The definition of "Law enforcement officer" in section 20 of said chapter 90B, as so appearing, is hereby amended by striking out, in line 10, the words ", town and metropolitan district commission" and inserting in place thereof the following words:- and town.

SECTION 62. Section 32 of said chapter 90B, as so appearing, is hereby amended by striking out, in line 9, the words ", town and metropolitan district commission" and inserting in place thereof the following words:- and town.

SECTION 63. The definition of "Police chief" in section 1 of chapter 90C of the General Laws, as so appearing, is hereby amended by striking out, in lines 39 and 40, the words "superintendent of the metropolitan district commission police, the registrar of motor vehicles" and inserting in place thereof the following words:- colonel of state police.

SECTION 63A. Said section 1 of said chapter 90C, as so appearing, is hereby further amended by striking out, in lines 48 and 49, the words "ten B of chapter one hundred forty-seven" and inserting in place thereof the following words:- fifty-nine of chapter twenty-two C.

SECTION 64. Said section 1 of said chapter 90C, as so appearing, is hereby further amended by striking out, in line 67, the words "commissioner of public safety under section ten B of chapter one hundred forty-seven" and inserting in place thereof the following words:- colonel of state police under section fifty-nine of chapter twenty-two C.

SECTION 65. Sections sixty B to sixty-three B, inclusive, of said chapter ninety-two are hereby repealed.

SECTION 66. Clause (p) of section 5 of chapter 92A of the General Laws, as appearing in section 24 of chapter 6 of the acts of 1991, is hereby amended by striking out, in lines 3 and 5, the word "metropolitan" and inserting in place thereof, in each instance, the following word:- state.

SECTION 66A. Section 47 of said chapter 94C, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 126 and 127, the words ", state or metropolitan district" and inserting in place thereof the following words:- or state.

SECTION 67. Said section 47 of said chapter 94C, as so appearing, is hereby further amended by striking out, in lines 160 and 161, the words "the commissioner of public safety or the superintendent of the metropolitan district police" and inserting in place thereof the following words:- or the colonel of state police.

SECTION 68. Section 201 of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "the police force of the metropolitan district commission, the capitol police, members of the uniformed branch of".

SECTION 69. Section 131A of chapter 127 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words "division of state police in the department of public safety" and inserting in place thereof the following words:- department of state police.

SECTION 70. Section 8 of chapter 128A of the General Laws, as so appearing, is hereby amended by striking out, in line 21, the words "metropolitan district commission" and inserting in place thereof the following word:- state.

SECTION 71. Section 4 of chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in lines 131 and 132, the words ", members of the state police and members of the metropolitan district commission" and inserting in place thereof the following words:- and members of the state.

SECTION 72. Section 59 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words ", members of the state police and members of the metropolitan district commission" and inserting in place thereof the following words:- and members of the state.

SECTION 73. Section 63 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words ", members of the state or local police and members of the metropolitan district commission" and inserting in place thereof the following words:- and members of the state or local.

SECTION 74. Section 82 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 15 and 16, the words "and members of the metropolitan district commission police".

SECTION 75. Section 87 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words ", members of the state police and members of the metropolitan district commission" and inserting in place thereof the following words:- and members of the state.

SECTION 76. Section 88 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words ", members of the state police and members of the metropolitan district commission" and inserting in place thereof the following words:- and members of the state.

SECTION 77. Section 89 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 7 to 9, inclusive, the words ", members of the state police and members of the metropolitan district commission" and inserting in place thereof the following words:- and members of the state.

SECTION 78. Section 22 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in line 43, the following words "or of the registry of motor vehicles".

SECTION 79. Section 66 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of state police.

SECTION 80. Said section 66 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 4 and 5, the words ", or any person having police powers under section twenty-nine of chapter ninety".

SECTION 81. Section 131H of said chapter 140, as so appearing, is hereby amended by striking out, in lines 38 and 39, the words ", members of the state police, members of the metropolitan district commission" and inserting in place thereof the following words:- and members of the state.

SECTION 82. Section 2C of chapter 143 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the word "capitol" and inserting in place thereof the following word:- state.

SECTION 82A. Section one A of chapter one hundred and forty-seven of the General Laws is hereby repealed.

SECTION 83. Said chapter 147 is hereby further amended by striking out section 2, as appearing in the 1990 Official Edition, and inserting in place thereof the following section:-

Section 2. All inspectors of the department shall have and exercise throughout the commonwealth the powers of constables, police officers and watchmen, except as to the service of civil process. The governor may command their services in suppressing riots and in preserving the peace. The commissioner may request the colonel of state police to appoint such inspectors as special state police officers and invest them with such of the powers of the state police officers as said colonel may deem advisable. The commissioner, with the approval of the governor, may authorize the inspectors of the department to carry badges, revolvers, clubs, handcuffs and twisters, or such other articles as may be required in the performance of their duties.

SECTION 84. Section 3 of said chapter 147, as so appearing, is hereby amended by striking out, in lines 1 and 5, each time it appears, the words "officer or".

SECTION 85. Sections four to seven, inclusive, of said chapter one hundred and forty-seven are hereby repealed.

SECTION 85A. Sections nine to ten E, inclusive, of said chapter one hundred and forty-seven are hereby repealed.

SECTION 85B. Sections ten G to ten M, inclusive, of said chapter one hundred and forty-seven are hereby repealed.

SECTION 86. Section 30A of chapter 149 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 12 and 13, the words ", metropolitan district police, capitol police".

SECTION 87. Section 30B of said chapter 149, as so appearing, is hereby amended by striking out, in line 6, the words "metropolitan district police, capitol police,".

SECTION 88. Section 30C of said chapter 149, as so appearing, is hereby amended by striking out, in lines 1 to 3, inclusive, the words "uniform branch of the state police, state police detectives, members of the metropolitan district police force, capitol" and inserting in place thereof the following words:- uniformed members of the state.

SECTION 88A. Said section 30C of said chapter 149, as so appearing, is hereby further amended by striking out, in lines 7 and 8 and 13 and 14, in each instance, the words ", or the commissioner of administration in the case of the capitol police".

SECTION 89. The third paragraph of section 3 of chapter 150E of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The appropriate bargaining unit in the case of the uniformed members of the state police shall be all such uniformed members in titles below the rank of lieutenant.

SECTION 90. Said section 3 of said chapter 150E, as so appearing, is hereby further amended by striking out the fourth paragraph.

SECTION 90A. Section 46 of chapter 151A of the General Laws, as so appearing, is hereby amended by striking out, in lines 15 and 16, the words "thirty T of chapter seven" and inserting in place thereof the following words:- section fifteen D of chapter twenty-two.

SECTION 90B. Section 92 of chapter 159 of the General Laws, as amended by chapter 90 of the acts of 1991, is hereby further amended by striking out, in lines 1 and 2, the words "department of public safety under section nine L of chapter twenty-two" and inserting in place thereof the following words:- colonel of state police under the provisions of section fifty-one of chapter twenty-two C.

SECTION 91. Section 14A of chapter 159B of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 to 5, inclusive, the words "or an investigator or examiner of the transportation division, or registry of motor vehicles personnel with police powers,".

SECTION 91A. Said section 14A of said chapter 159B, as so appearing, is hereby further amended by striking out, in lines 7 and 8, the words "or investigator or examiner or registry of motor vehicles personnel with police powers,".

SECTION 92. Section 9A of chapter 258 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 3, 10 to 12, inclusive, and in lines 22 and 23, in each instance, the words ", the metropolitan district police, the capitol police, the registry of motor vehicle police".

SECTION 93. Section 53 of chapter 262 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, 8 and 9, and in lines 15 and 16, in each instance, the words ", or employee of the registry of motor vehicles having police powers,".

SECTION 94. Section 53B of said chapter 262, as so appearing, is hereby amended by striking out, in lines 1 to 3, inclusive, the words "officer of the division of state police in the department of public safety, appointed under section six of nine A of chapter twenty-two" and inserting in place thereof the following words:- uniformed member of the department of state police, appointed under section ten of chapter twenty-two C,.

SECTION 95. Section 53C of said chapter 262, as so appearing, is hereby amended by striking out, in lines 1 to 3, inclusive, the words "division of state police in the department of public safety appointed under section six or nine A of chapter twenty-two" and inserting in place thereof the following words:- department of state police appointed under section ten of chapter twenty-two C.

SECTION 96. Chapter 263 of the General Laws is hereby amended by striking out section 1A, as so appearing, and inserting in place thereof the following section:-

Section 1A. Whoever is arrested by virtue of process, or is taken into custody by an officer, and charged with the commission of a felony shall be fingerprinted, according to the system of the bureau of investigation and intelligence in the department of state police, and may be photographed. Two copies of such fingerprints and photographs shall be forwarded within a reasonable time to the colonel of state police by the person in charge of the police department taking such fingerprints and photographs.

SECTION 97. Section 2 of chapter 268B of the General Laws, as so appearing, is hereby amended by striking out, in line 62, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of state police.

SECTION 98. Section 1 of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "or of the metropolitan district police, or of the capitol police,".

SECTION 99. Section 16 of chapter 270 of the General Laws, as so appearing, is hereby amended by striking out, in lines 132 and 133, the words "inspectors of the registry of motor vehicles and by city, town and metropolitan district commission" and inserting in place thereof the following words:- by city and town.

SECTION 100. The first paragraph of section 4B of chapter 1078 of the acts of 1973, as appearing in section 1 of chapter 726 of the acts of 1985, is hereby further amended by striking out, in line 2, the word "branch" and inserting in place thereof the following word:- members.

SECTION 101. Section four C of said chapter one thousand and seventy-eight is hereby repealed.

SECTION 102. Section one hundred and fifty-six of chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine is hereby repealed.

SECTION 103. Section 157 of chapter 150 of the acts of 1990 is hereby amended by striking out the third paragraph.

SECTION 104. The personnel administrator of the commonwealth, in consultation with the secretary of public safety, shall complete a job task analysis, so called, for each title in the rank structure of the department of state police, as established by the provisions of chapter twenty-two C of the General Laws; provided that each such analysis shall specify and list the tasks that may be required to be performed by any uniformed member of the state police in the performance of the regular duties of each such title in said rank structure. Said personnel administrator shall file each such job task analysis with the joint committee on public safety and the joint committee on public service on or before January fifteenth, nineteen hundred and ninety-two.

SECTION 105. The personnel administrator of the commonwealth, in consultation with the secretary of public safety, shall complete job classification specifications for each title in the rank structure of department of the state police; provided that such specifications shall specify and list in the aggregate the duties that are required of each such title in said rank structure. Said personnel administrator shall file such classification specifications with the joint committee on public safety and the joint committee on public service on or before January fifteenth, nineteen hundred and ninety-two.

SECTION 106. The personnel administrator of the commonwealth, in consultation with the secretary of public safety, shall complete a study of the titles in the rank structure of the division of capitol police, the uniformed branch of the division of state police, the metropolitan district commission police force, and the law enforcement division of the registry of motor vehicles based on the job task analyses, so called, and the job classification specifications established by the personnel administrator or the commissioner of public safety to determine the comparability of such titles to the rank structure of the department of state police based on the job task analyses, so called, and the job classification specifications established pursuant to sections one hundred and four and one hundred and five of this act; provided, that such comparability study shall determine the rank at which persons who are employed by any of such police forces prior to the consolidation of such forces in accordance with the provisions of this act are to be placed; provided, further, that, any person who so transfers in accordance with the provisions of this act to the department of state police shall be placed at the rank which has been determined by said personnel administrator to the comparable rank for such person in said department; provided however, that in the case of persons who were promoted under the provisions of chapter thirty-one of the General Laws as a temporary employee in any such rank shall be deemed to be serving in such rank for the purposes of such comparability determination and placement. Notwithstanding the provisions of any general or special law or rule to the contrary, and notwithstanding any salary schedule established under the provisions of chapter thirty of the General Laws or pursuant to a collective bargaining agreement under the provisions of chapter one hundred and fifty E of the General Laws, any person transferred to the department of state police pursuant to the provisions of this act shall be paid at the rate of regular compensation equal to or greater than the rate of regular compensation he was receiving immediately prior to such transfer, regardless of the rank to which such person shall be placed pursuant to the results of such comparability study in accordance with the provisions of this section. Said personnel administrator shall file the results of such comparability study, listing comparable ranks and the justification for such comparability, with the joint committee on public safety and the joint committee on public service on or before February twenty-eight, nineteen hundred and ninety-two.

SECTION 107. The secretary of public safety shall, after consultation with the personnel administrator of the commonwealth, in order to further the preservation of the public safety, conduct a study to identify positions within the statewide classification plan, in agencies, departments or bureaus within the executive office of public safety or in any other agencies, departments, bureaus of any executive office of the commonwealth, that are determined to be non-public safety positions for which a mandatory retirement age shall not have been deemed a bona fide occupational qualification; provided, that such study shall list such non-public safety positions for which training and experience in public safety and police duties shall have been deemed appropriate for consideration in appointment; provided, further, that the results of such study shall be kept current and shall be posted in public places by said secretary of public safety. Such study shall also consider the practicality, legality and public policy purposes of providing preference in appointment to such positions that shall have been so identified to public safety officers who shall have been mandatorily retired under the provisions of section twenty-six of chapter thirty-two of the General Laws, as inserted by the provisions of section thirty-three or under section one hundred and twenty-one of this act. Such study and the results thereof shall be filed with the joint committee on public service and the joint committee on public safety on or before March thirty-first, nineteen hundred and ninety-two.

SECTION 108. In accordance with the provisions of section ten of chapter twenty-two C of the General Laws, the secretary of public safety, after consultation with the commission against discrimination, shall establish medical and physical fitness standards which are functionally related to the specific job functions necessary to the normal operation of the department of state police; provided however, that the job specifications developed by the personnel administrator shall be deemed to define such specific job functions; and provided, further that such standards shall be weighted based on the age and sex of the member. Said secretary of public safety, on or before May first, nineteen hundred and ninety-two, shall file such medical and physical fitness standards with the joint committee on public service and the joint committee on public safety; provided that if said standards are not disapproved within thirty days after the date such standards were so filed, such standards shall be deemed to be approved.

SECTION 109. The personnel administrator of the commonwealth, after consultation with the secretary of public safety, shall complete, or shall contract with one or more individuals to complete, a study to determine whether a mandatory retirement age of fifty-five is a bona fide occupational qualification necessary to the normal operation of uniformed members of the department of state police, including the employment of any uniformed member serving in any function, title, division, or bureau of said department; provided however, that such study shall include the expert opinions of one or more cardiologists and one or more physiologists; and provided further, however, that no such uniformed member of the department of state police, nor any uniformed member of the capitol police force, the metropolitan district commission police force, or the division of state police, nor any employee exercising police powers in the division of law enforcement in the registry of motor vehicles shall be mandatorily retired in accordance with the provisions of section twenty-six of chapter thirty-two of the General Laws, as amended by section thirty-three of this act, or the provisions of section one hundred and twenty-two of this act until such study shall have been completed and shall have supported said conclusion that age fifty-five is such a bona fide occupational qualification. Such study shall be filed with the joint committee on public safety and the joint committee on public service on or before June thirtieth, nineteen hundred and ninety-two.

SECTION 110. The commissioner of public safety shall conduct an examination for appointment to the entry-level position of police officer of the department of state police; provided however, that said colonel shall hereby be authorized and directed to establish a fee of not more than twenty dollars to be collected from each applicant for said examination and shall provide for the waiver of said fee in appropriate circumstances; and provided further, however, that said examination shall be conducted no sooner than March first, nineteen hundred and ninety-two and no later than July first, nineteen hundred and ninety-two.

SECTION 110A. The secretary of public safety, in conjunction with the personnel administrator, shall audit the personnel file of each member of the capitol police force, the metropolitan district commission police force, the division of law enforcement of the registry of motor vehicles and the division of state police on the effective date of this act, to ensure that each file shall contain the accurate and appropriate name, birthdate, current mailing address, the length of state service of each such member; provided, however, that upon the request of said secretary, the state treasurer shall be directed to offer any assistance as the commissioner shall deem reasonable to fulfill the requirements of this section; and provided further, that said secretary shall complete such audit on or before January fifteenth, nineteen hundred and ninety-two.

SECTION 111. The provisions of the existing collective bargaining agreements shall remain in effect and shall not impair the authority of the colonel of the department of state police from exercising his managerial rights as they currently exist. The transferring or mandatory retiring of any uniformed members shall not be administered until a collective bargaining agreement shall have been executed in accordance with the provisions of section one hundred and twelve of this act.

SECTION 111A. Until June thirtieth, nineteen hundred and ninety-two, the members of the uniformed branch of the division of state police, as constituted prior to the effective date of this act, shall not be removed involuntarily from the field assignments which they hold on the date the effective date of this act, except for just cause.

SECTION 114. Not fewer than thirty days nor more than ninety days after the effective date of this act, the labor relations commission shall conduct an election to determine the exclusive bargaining representative for the bargaining unit comprised of the members of those police forces which shall be merged into the uniformed members of the state police; provided that, for the purposes of such election, such bargaining unit shall be deemed to include uniformed members of capitol police force who are members of bargaining Unit 5 and employees of the registry of motor vehicles having police powers who are members of bargaining Unit 5, the members of bargaining Unit 5A and the members of bargaining Unit 5B; provided, however that such unit shall not include any such member who holds the rank of lieutenant or above. For the purposes of such election, the "election eligibility date" shall be deemed to be the tenth business day after the effective date of this act; provided further, that any employee organization which shall choose to appear on the ballot in such election shall submit to said commission a showing of interest of at least ten percent of the total number of such employees comprising such bargaining unit in such form as prescribed by said commission; and provided further, that the provisions of said chapter one hundred and fifty E and the regulations promulgated thereunder shall apply for any other purpose of such election. Prior to such election and in accordance with the provisions of said chapter one hundred and fifty E, if any of said employee organizations shall have received a majority of the votes in such election, said commission shall certify such employee organization as the exclusive bargaining representative of such employees. If no such organization shall receive a majority of the votes in such election, said commission shall proceed with another such election in accordance with the provisions of the rules and regulations promulgated by said commission; provided however, that if the majority of such votes in such election shall have been cast in favor of no representation, said commission shall so certify that such members of such bargaining unit shall have elected to have no such representation for the purposes of chapter one hundred and fifty E.

(i) If said commission shall have certified such an exclusive bargaining representative within twenty days after the date of said election, said representative and the commonwealth shall, as soon as practicable, negotiate an agreement in accordance with the provisions of said chapter one hundred and fifty E; provided, however, that such agreement shall be deemed to be an interim agreement between the commonwealth and said representative to resolve any outstanding issues for the consolidation of said police forces pursuant to the provisions of this act; and provided further, that such agreement shall be executed by the commonwealth and said representative within one hundred and twenty days of such certification. If said representative and the commonwealth shall be unable to so execute such an agreement prior to such one hundred and twentieth day, they shall petition the board of conciliation and arbitration for an impasse and proceed through mediation, fact-finding and arbitration in accordance with the provisions of section nine of said chapter one hundred and fifty E and section four B of chapter one thousand and seventy-eight of the acts of nineteen hundred and seventy-three; provided, however, that the commonwealth and the exclusive bargaining representative shall execute such an agreement and shall file a request for appropriation necessary to fund any incremental cost items contained therein with the general court in accordance with the provisions of section seven of said chapter one hundred and fifty E on or before December first, nineteen hundred and ninety-two. The terms and conditions of existing collective bargaining agreements shall remain in full force and effect until an agreement is executed in accordance with the provisions of this paragraph; provided, however, that until such agreement is so executed, said certified exclusive bargaining representative shall administer and enforce each such existing agreement; and, provided further, that such representative shall not be held liable for any act or omission related to any grievance or dispute arising prior to such certification.

(ii) If the commission shall not have certified any conclusive results of such election within twenty days after the date of such election, said commission shall file with the joint committee on public service a statement that no conclusive results have yet been certified. Upon the filing of such statement, the persons who had been certified as the exclusive bargaining representatives for the uniformed members of capitol police force who are members of bargaining Unit 5, employees of the registry of motor vehicles having police powers who are members of bargaining Unit 5, the members of bargaining Unit 5A and the members of bargaining Unit 5B prior to the effective date of this act shall comprise a bargaining representative team, so called, to collectively negotiate an agreement with the commonwealth in accordance with the provisions of chapter one hundred and fifty E; provided, however, that each member of such team shall have an equal vote; provided further, that such agreement shall be deemed to be an interim agreement between the commonwealth and said team to resolve any outstanding issues for the consolidation of said police forces into a department of state police pursuant to the provisions of this act; and, provided further, that such agreement shall be executed by the commonwealth and said team within one hundred and twenty days. If said team and the commonwealth shall be unable to so execute such an agreement prior to said July first, the parties shall petition the board of conciliation and arbitration for an impasse and proceed through mediation, fact-finding and arbitration in accordance with the provisions of section nine of said chapter one hundred and fifty E and the provisions of section four B of chapter one thousand and seventy-eight of the acts of nineteen hundred and seventy-three; provided, however that such team of exclusive bargaining representatives shall be deemed to be recognized as representing the bargaining unit of the uniformed members of the state police for the purposes of said section four B; and, provided further, that the commonwealth and such team shall execute such an agreement and shall file a request for appropriation necessary to fund any incremental cost items contained therein with the general court in accordance with the provisions of section seven of said chapter one hundred and fifty E on or before December first, nineteen hundred and ninety-two. The terms and conditions of existing collective bargaining agreements shall remain in full force and effect until an agreement is executed in accordance with the provisions of this paragraph; provided, however, that until such agreement is so executed, the persons so certified to represent such members prior to the passage of this act shall continue to so represent each such member in the administration and enforcement of such terms and conditions of each such agreement; provided, however, that until an exclusive bargaining representative is certified in accordance with the provisions of this section, such team of bargaining representatives shall represent the members of bargaining unit of the uniformed members of the state police.

SECTION 115. Notwithstanding the provisions of any general or special law or rule to the contrary, the civil service rights and benefits of any person serving in a position or employed as a police officer in the capitol police force, the metropolitan district police force or serving in a position or employed as an employee exercising police powers in the division of law enforcement of the registry of motor vehicles accorded pursuant to the provisions of chapter thirty-one of the General Laws shall hereby be abolished as of June thirtieth, nineteen hundred and ninety-two; provided however, that nothing in this act shall be deemed to prohibit the exclusive bargaining representatives of any of such persons from negotiating with the commonwealth in accordance with the provisions of chapter one hundred and fifty E to minimize the effects of the abolition of such rights and benefits.

SECTION 116. Any person employed as a police officer in the capitol police force, the metropolitan district police force, or the division of state police or as an employee exercising police powers in the division of law enforcement of the registry of motor vehicles shall have satisfactorily passed such in-service medical and physical fitness standards as shall have been established by the colonel of state police in accordance with the provisions of section one hundred and eight of this act prior to the transfer of such person to the department of the state police. If any such officer fails to meet such in-service standards, he shall be eligible to undergo a reexamination within sixty days of the date of the medical or physical fitness examination failed. If he fails the reexamination, he shall be eligible to undergo further reexaminations, each no sooner than thirty days after the most recent such reexamination; provided, however, that any person who shall not have satisfactorily passed such standards prior to June thirtieth, nineteen hundred and ninety-three, shall be prohibited from transferring to said department of state police and shall be deemed to be discharged for cause from his employment; and, provided further, that if the failure to meet such standards is due to a temporary injury, illness or incapacity, such officer shall continue to be employed with duties adapted to such injury, illness or incapacity until such time as such officer shall pass such standards and shall be transferred to said department of state police. An officer whose reenlistment is denied because of his failure to meet such in-service medical or physical fitness standards shall not be presumed by virtue of such denial to be disabled for the purposes of chapter thirty-two of the General Laws.

SECTION 117. Prior to June thirtieth, nineteen hundred and ninety-two, the colonel of state police shall establish an orientation in-service training program for all persons who shall have been transferred to the department of state police as a uniformed member of said department; provided, however, that such training program shall include, but not be limited to, education of the mission of the said department of state police, the jurisdictions of each bureau and each division of said department, the rules and regulations of said department, the policies, practices and procedures of said department, the equipment owned and used by said department. Any person employed as a police officer in the capitol police force, the metropolitan district police force, or the uniformed branch of the division of state police or as an employee exercising police powers in the division of law enforcement of the registry of motor vehicles shall have satisfactorily completed such orientation in-service training program prior to his transfer to the department of the state police; provided, however, that any person who shall not have satisfactorily completed such training program prior to June thirtieth, nineteen hundred and ninety-three, shall be prohibited from transferring to said department of state police unless said employee shall have submitted in writing his request for a waiver of such training program and said colonel shall have approved such waiver for said employee.

SECTION 118. Any person appointed to and serving in a position in the division of state police in accordance with the provisions of section nine of chapter twenty-two of the General Laws prior to the effective date of this act shall be deemed to be a member of the uniformed branch of said division for the purposes of this act and shall be discharged for cause from his employment unless he shall have transferred to the department of state police in accordance with the provisions of this act, including, but not limited to, the satisfactory completion of any training required by the provisions of chapter twenty-two C of the General Laws and satisfactory passage of medical and fitness standards as required by the provisions of section one hundred and sixteen of this act.

SECTION 119. Notwithstanding the provisions of any general or special law or rule to the contrary, for the purposes of determining the length of service of any uniformed member of the state police who shall have been transferred to the department of state police on or after July first, nineteen hundred and ninety-two but prior to June thirtieth, nineteen hundred and ninety-three, each such member shall be credited with any prior service as a police officer in the capitol police force, the metropolitan district police force, or the uniformed branch of the division of state police or as an employee exercising police powers in the division of law enforcement of the registry of motor vehicles; provided, however, that such length of service shall be deemed to be the definition of length of service of said uniformed members for the purposes of general and special law and rules including, but not limited to, longevity for the purposes of section twenty-six of chapter twenty-two C of the General Laws, as inserted by section twenty of this act, number of years as a uniformed member of the state police for the purposes of section twenty-eight of said chapter twenty-two C, as so inserted; and provided further, that any person who shall have been so transferred shall be deemed to have been appointed to the department of state police as of the date of their appointment to such prior service for the purposes of any general or special law, including, but not limited to the provisions of the second paragraph of section ten of said chapter twenty-two C, as so inserted. Notwithstanding the foregoing, for the purposes of accrual of vacation leave, each such member shall be credited with such service as he had been credited by the commonwealth prior to such transfer to the department of state police.

SECTION 119A. Notwithstanding any general or special law to the contrary, personnel in the department of state police shall have time in service calculated from time of original entry into approved training program or date of acceptance into organization, whichever is more senior.

SECTION 120. Notwithstanding the provisions of section one hundred and nineteen of this act, for the purposes of determining creditable service under the provisions of chapter thirty-two of the General Laws for any person serving in a position or employed as a police officer in the capitol police force, the metropolitan district police force, or the uniformed branch of the division of state police or serving in a position or employed as an employee exercising police powers in the division of law enforcement of the registry of motor vehicles on the effective date of this act, each such person shall be credited with all membership service, prior service and other service for which credit is allowable to any member under the provisions of said chapter thirty-two.

SECTION 121. Any person serving in a position of or employed as a police officer in the capitol police force, the metropolitan district commission police force or the uniformed branch of the division of state police or serving in a position or employed as an employee exercising police powers in the division of law enforcement of the registry of motor vehicles who has served twenty years of creditable service shall be deemed eligible to retire from such employment in accordance with the provisions of section twenty-six of chapter thirty-two of the General Laws, as amended by the provisions of section thirty-three of this act, rather than transferring to the department of state police in accordance with the provisions of this act; provided, however, that such person shall be deemed eligible to retire in accordance with the provisions of this section only on or after July first, nineteen hundred and ninety-two and prior to October first, nineteen hundred and ninety-two.

SECTION 122. In accordance with the provisions of section twenty-six of chapter thirty-two of the General Laws, as amended by the provisions of section thirty-three of this act, any person serving in a position or employed as a police officer in the capitol police force, the metropolitan district police force or the detective force of the division of state police or serving in a position or employed as an employee exercising police powers in the division of law enforcement of the registry of motor vehicles who shall have reached his fifty-fifth birthday on or before December thirty-first, nineteen hundred and ninety-two, shall be precluded from transferring to the department of state police and shall be eligible to retire under the provisions of this paragraph on or after July first, nineteen hundred and ninety-two; provided, however, that such person shall retire under the provisions of this paragraph from his position as such police officer or employee exercising police powers on or before said December thirty-first, nineteen hundred and ninety-two; and, provided further, that notwithstanding so much of the provisions of said section twenty-six that provides a retirement allowance for a uniformed member of the state police, such person shall receive a retirement allowance equal to eighty percent of the average annual rate of the regular compensation received by such person during any period of three consecutive years of creditable service for which such rate of compensation was the highest or of the average annual rate of regular compensation received by such person during the period or periods, whether or not consecutive, constituting his last three years of creditable service preceding retirement, whichever is greater.

SECTION 123. In accordance with the provisions of section twenty-six of chapter thirty-two of the General Laws, as amended by the provisions of section thirty-three of this act, any person serving in a position or employed as a police officer in the capitol police force, the metropolitan district police force, or the uniformed branch of the division of state police or serving in a position or employed as an employee exercising police powers in the division of law enforcement of the registry of motor vehicles who shall have transferred to the department of state police pursuant to the provisions of this act, who shall reach his fifty-fifth birthday on or after December thirty-first, nineteen hundred and ninety-two shall be retired on such fifty-fifth birthday and, notwithstanding so much of the provisions of said section twenty-six that provides for a retirement allowance, shall receive a retirement allowance in an amount equal to seventy-five percent of his regular compensation during the twelve month period immediately preceding such fifty-fifth birthday or in an amount equal to the retirement allowance such person would have been eligible to receive under the provisions of Group 4 of paragraph (g) of subdivision (2) of section three of said chapter thirty-two on such fifty-fifth birthday had such person not transferred to said department of state police, whichever is greater.

SECTION 124. The commissioner of public employee retirement administration shall contract with an independent actuary to analyze, study and valuate the cost of retirement benefit changes made pursuant to the provisions of sections thirty-three, one hundred and twenty-one, one hundred and twenty-two and one hundred and twenty-three of this act; provided, however, that said commissioner shall make available to such actuary any information as such actuary deems necessary to fully analyze such costs; and provided, further that said commissioner shall file the report of such actuary with the joint committee on public service and the house and senate committees on ways and means on or before January first, nineteen hundred and ninety-three.

SECTION 125. Notwithstanding so much of the provisions of the third paragraph of subdivision (1) of section twenty-two C of chapter thirty-two of the General Laws as requires the commissioner of administration to prepare and file a funding schedule in accordance with the provisions of said section twenty-two C triennially subsequent to March first, nineteen hundred and eighty-eight, the commissioner of administration shall prepare and file an update of the commonwealth's retirement system funding schedule to reflect the costs and liability incurred pursuant to the provisions of sections thirty-three, one hundred and twenty-one, one hundred and twenty-two and one hundred and twenty-three of this act. Prior to the preparation of such update, said commissioner shall consider the actuary's analysis completed in accordance with the provisions of section one hundred and twenty-four of this act and shall complete and review an actuarial valuation report in accordance with the provisions of section twenty-one of said chapter thirty-two; provided, however, that in accordance with the provisions of said section twenty-two C, the actuarial, economic and demographic assumptions upon which said actuarial valuation report is based, and the manner and methodology used in the development of the actuarial report, shall have been reviewed and approved in advance by the joint committee on public service and the house and senate committees on ways and means prior to the consideration of such actuarial valuation and such update by the general court. Such update of the funding schedule shall be filed by said commissioner with the joint committee on public service and the committees on ways and means and on or before March first, nineteen hundred and ninety-three; provided, however, that if, within forty-five days of such filing, the joint committee on public service and the house and senate committees on ways and means, respectively, have taken no action to disapprove such update, such update shall be deemed to be approved; provided further, that if such update is not so approved, said commissioner shall review any comments made by such committees and prepare and submit another update in accordance with the provisions of this section; and, provided further, that such other update shall be filed with the joint committee on public service and the house and senate ways and means committees within thirty days of such disapproval.

SECTION 126. Notwithstanding the provisions of section three of chapter twenty-two C of the General Laws, nothing in this act shall be deemed to affect the tenure of the person holding the position of colonel of state police on the effective date of this act; provided, however, that such person shall continue in such office until he shall voluntarily resign such office, shall be removed for cause or shall be retired in accordance with the provisions of section twenty-six of chapter thirty-two of the General Laws, as amended by the provisions of section thirty-three of this act.

SECTION 127. The colonel of state police is hereby authorized and directed to enter into a memorandum of understanding with the metropolitan district commission to define the terms and conditions for the use by the department of state police of property owned or operated by said commission; provided, however, that no such property shall be transferred under the provisions of the memorandum of understanding defined in this section without legislative approval; provided further, that said commission's communication center shall remain under the operational control of said commission; provided further, that the secretary of public safety shall conduct a study recommending alternative uses for said communication center to the house and senate committees on ways and means and to the joint standing committee on public safety by November fifteenth, nineteen hundred and ninety-two; and, provided further, that said memorandum of understanding shall be executed on or before July first, nineteen hundred and ninety-two.

SECTION 128. Nothing in this act shall be deemed to interrupt the rights of reinstatement of any person in accordance with the provisions of section thirty-nine of chapter thirty-one of the General Laws who, prior to June thirtieth, nineteen hundred and ninety-two, shall have been separated from a position with the capitol police force, the metropolitan district commission police force or the division of law enforcement of the registry of motor vehicles due to lack of money.

SECTION 129. Notwithstanding the provisions of section thirty-five of this act, and except as expressly provided by a provision of this act, nothing in this act shall be deemed to affect the retirement allowance payable to any person receiving such an allowance on the effective date of this act.

SECTION 130. Notwithstanding the provisions of section thirty-one and section thirty-two of this act, the retirement allowance payable to any person who shall have been appointed to and is serving in a position that, upon the date of such appointment, had been classified in retirement Group 4 as defined by the provisions of paragraph (g) of subdivision (2) of section three of chapter thirty-two of the General Laws shall not be deemed to be decreased pursuant to the provisions of sections thirty-two and thirty-three of this act, and, upon retirement from such position, such person shall be eligible to receive a retirement allowance based on such classification in said Group 4.

SECTION 130A. Any person who had been employed as a member of the uniformed branch of the division of state police prior to July first, nineteen hundred and ninety-one who shall have reached his fiftieth birthday on or before the effective date of this act shall be deemed to have been allowed to continue such employment and shall be deemed a member of said uniformed branch of the state police for all the purposes of this act.

SECTION 131. Nothing in the provisions of sections six or twenty of this act shall be deemed to affect the rights or benefits of any employee of the fraudulent claims commission or the bureau of special investigation, including, but not limited to, the civil service status and collective bargaining rights of any such employee.

Provisional employees of the bureau of special investigations of the executive office of administration and finance who have served in a civil service position as a provisional employee for a period of at least three years, prior to January first, nineteen hundred and ninety-two shall be accorded temporary civil service status in the title in which they have so served until such time as a civil service exam is given. Upon completion of the examination process for any of these positions the personnel administrator shall certify an employee who passes such examination for a civil service appointment to such position. The appointing authority shall appoint from said certification prior to the appointment from any other source. Nothing contained herein shall grant permanent status to any provision employee who has taken an examination conducted in accordance with section sixteen of chapter thirty-one of the General Laws for which an eligible list is presently established.

SECTION 132. Any reference in a general or special law, rule, or regulation to the department of public safety as constituted prior to the effective date of this act in which the context of such reference shall refer to the duties, functions or activities of the division of the state police shall be deemed to signify the department of state police as established by the provisions of chapter twenty-two C of the General Laws; and any reference in general or special law, rule or regulation to the commissioner of public safety as constituted prior to the effective date of this act in which the context of such reference shall refer to the duties, functions or activities of the head of the division of state police shall be deemed to signify the colonel of state police, as defined by the provisions of section one of said chapter twenty-two C.

SECTION 133. On the effective date of this act, ownership, possession and control of all equipment, papers, plans, books, records and documents which are in the possession of the division of capitol police, the police force of the metropolitan district police, the division of state police or the division of law enforcement in the registry of motor vehicles or any bureau, unit, officer or employee thereof consolidated in accordance with the provisions of this act shall pass to and be vested in the department of state police without consideration or further evidence of transfer and shall thereafter be in the ownership, possession and control of the department.

SECTION 134. All petitions, hearings, appeals and other proceedings duly brought before, and all prosecutions and legal and other proceedings duly begun by the division of capitol police, the division of metropolitan district commission police, the division of state police or the division of law enforcement in the registry of motor vehicles or any bureau, unit, officer or employee thereof consolidated pursuant to the provisions of this act shall continue unabated and remain in force notwithstanding the passage of this act, and shall thereafter be completed by such division, bureau, unit, officer or employee.

SECTION 135. Any order, rule or regulation duly made, or any license, permit, certificate or approval duly granted, by the commissioner of public safety as the head of the division of state police, by the superintendent of the metropolitan district commission police, by the chief of the capitol police or by the director of law enforcement in the registry of motor vehicles shall continue in full force and effect and the provisions thereof shall thereafter be enforced, until superseded, revised, rescinded or cancelled in accordance with law or by the department of state police.

SECTION 136. Any duly existing contract, lease, or obligation of the division of capitol police, the division of metropolitan district commission police, the division of state police or the division of law enforcement in the registry of motor vehicles or any bureau, unit officer or employee thereof which shall be consolidated pursuant to the provisions of this act which are in force immediately prior to the effective date of this act shall be deemed to be the obligation of the department of state police. No existing right or remedy under any such contract, lease or obligation shall be lost, impaired or affected by the provisions of this act.

SECTION 137. Wherever the name of the division of capitol police, the division of metropolitan district commission police, the division of state police or the division of law enforcement in the registry of motor vehicles or any bureau, unit, officer or employee thereof which shall be consolidated pursuant to the provisions of this act appears in any general or special law, rule, or regulation, such name shall be deemed to mean and be construed as referring to the department of state police.

SECTION 138. Any function, right, power, duty or other statutory provision which, prior to the effective date of this act, was assigned to, exercised by or performed by the division of capitol police, the division of metropolitan district commission police, the division of state police or the division of law enforcement in the registry of motor vehicles or any bureau, unit, officer or employee thereof which shall be consolidated pursuant to the provisions of this act to the department of state police shall be deemed to be assigned to, exercised by or performed by the said department of state police.

SECTION 138A. Notwithstanding the provisions of any general or special law, or rule or regulation to the contrary a police officer of a city or town shall have concurrent powers and duties with police officers of the department of state police on a public way which is located within the geographical boundaries of the city or town by which said police officer is employed where such public way was formerly under the care and control of the metropolitan district commission.

SECTION 138B. Chapter six hundred and thirty-one of the acts of nineteen hundred and fifty-eight is hereby repealed.

SECTION 138C. Section one hundred and fifty-six of chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine as amended by section one hundred and fifty-seven of chapter one hundred and fifty of the acts of nineteen hundred and ninety is hereby repealed.

SECTION 139. The provisions of sections 2 to 101, inclusive, shall take effect on July first, nineteen hundred and ninety-two.