Amendment #1 to S.1145

An Act establishing the 104th fighter wing fire department

The committee on Ways and Means recommend that the bill be amended "SECTION 1. The forty-seventh paragraph of section 7 of chapter 4 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word ‘Airport’, in line 418, the following words:- members of the 104th fighter wing fire department.



SECTION 2. Subsection (g) of subdivision (2) of section 3 of chapter 32 of the General Laws, as so appearing , is hereby amended by inserting after the word ‘department;’, in line 287, the following words:- members of the 104th fighter wing fire department;.



SECTION 3. Section 94 of said chapter 32, as so appearing, is hereby amended by inserting after the word ‘Airport,’ in line 13, the following words:- members of the 104th fighter wing fire department.



SECTION 4. Section 94A of said chapter 32, as so appearing, is hereby amended by inserting after the word ‘Airport,’, in line 8, the following words:- members of the 104th fighter wing fire department.



SECTION 5. Section 94B of said chapter 32, as so appearing, is hereby amended by inserting after the word ‘Airport,’, in line 10, the following words:- members of the 104th fighter wing fire department.



SECTION 6. Section 100 of said chapter 32, as so appearing, is hereby amended by adding the following paragraph:-



For purposes of this section, the word ‘firefighter’ shall include members of the 104th fighter wing fire department.



SECTION 7. Section 100A of said chapter 32, as so appearing, is hereby amended by adding the following subsection:-



(i) This section shall apply to members of the 104th fighter wing fire department killed in the line of duty.



SECTION 8. The first paragraph of section 111F of chapter 41 of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- This section shall also apply to any permanent crash crewman, crash boatman, fire controlman or assistant fire controlman employed at the General Edward Lawrence Logan International Airport, members of the Massachusetts military reservation fire department and members of the 104th fighter wing fire department and, for the purposes of this section, the Massachusetts Port Authority, the Massachusetts military reservation and the Barnes Air National Guard Base shall be fire districts.



SECTION 9. Section 1 of chapter 148 of the General Laws, as so appearing, is hereby amended by inserting after the word ‘district’, in line 7, the following words:- , the 104th fighter wing fire department.



SECTION 10. Section 30A of chapter 149 of the General Laws, as so appearing, is hereby amended by inserting after the word ‘department;’, in line 29, the following words:- members of the 104th fighter wing fire department;



SECTION 11. Notwithstanding any general or special law to the contrary, firefighters of the 104th fighter wing fire department shall be considered public employees under chapter 150E of the General Laws and may organize to negotiate the wages, hours and conditions of their employment. This section shall not apply to the chief, deputy chief and the assistant chief.



SECTION 12. Notwithstanding any general or special law to the contrary, for overtime purposes only, firefighters of the 104th fighter wing fire department may be classified as so-called ‘7(k) eligible’ under the Fair Labor Standards Act, 29 U.S.C.§ 207(k).".