HOUSE DOCKET, NO. 1505        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1328

The Commonwealth of Massachusetts

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PRESENTED BY:

Jennifer E. Benson

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the Devens Fire Department.

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PETITION OF:

HOUSE DOCKET, NO. 1505        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1328

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to the Devens Fire Department.

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. Section 7 of chapter 4 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “department” in line 451, the following words:- members of the Devens fire department.

SECTION 2. Section 3 of Chapter 32 of the General Laws, as so appearing, is hereby amended by inserting after the word “department” in line 303, the following words:- members of the Devens fire department;

SECTION 3. Section 94 of said Chapter 32 of the General Laws, as so appearing, is hereby amended by Inserting after the word “department” in line 16, the following words:- or members of the Devens fire department,

SECTION 4. Section 94A of said Chapter 32, as so appearing, is hereby amended by inserting after the word “department” in line 10, the following words:- or members of the Devens fire department,

SECTION 5. Section 94B of said Chapter 32, as so appearing, is hereby amended by inserting after the word “department”, in line 12, the following words:- or members of the Devens 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 Devens fire department.

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

(j) This section shall apply to members of the Devens 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, members of the 104th Fighter Wing Fire Department and members of the Devens Fire Department and, for the purposes of this section the Massachusetts Port Authority, the Massachusetts Military Reservation, the Barnes Air National Guard Base and the Devens Regional Enterprise Zone/Devens Commerce Center (“Devens”) 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 10, the following words:- or the Devens 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 31, the following words:- members of the Devens fire department;

SECTION 11. Notwithstanding any general or special law to the contrary, firefighters of the Devens 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 Fire Chief and Deputy Chief.

SECTION 12. Notwithstanding any general or special law to the contrary, for overtime purposes only, firefighters of the Devens fire department may be classified as so-called “7(k) eligible” under the Fair Labor Standards Act,  29 U.S.C.S 207(k).