SENATE DOCKET, NO. 1120        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1376

The Commonwealth of Massachusetts

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PRESENTED BY:

James E. Timilty

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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 University of Massachusetts police.

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PETITION OF:

SENATE DOCKET, NO. 1120        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1376

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1325 OF 2015-2016.]

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 University of Massachusetts police.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to make forthwith certain corrective changes in general and specific laws relative to the University of Massachusetts Police Department, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.
 

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 adding as a fiftieth paragraph, the following words: - “Police officer”, “policeman”, or “permanent member of a police force”, shall include without limitation, any police officer appointed by the University of Massachusetts.

SECTION 2. Chapter 75 of the General Laws is hereby amended by striking Section 32A and inserting in place thereof the following new section:

Section 32A. The trustees shall make rules and regulations for the control, movement and parking of vehicles on the campus of the university and on other land of the university, and may provide reasonable penalties for the violation of said rules and regulations. The trustees shall appoint as police officers persons in the employ of the university who in the enforcement of said rules and regulations and throughout university property, including but not limited to upon any lands, roads, or properties owned, leased, occupied, sublet, or affiliated with the University of Massachusetts; and throughout any or all such roadways contiguous to said university property to and from all points or locales, shall have the powers of police officers, except as to service of civil process. Notwithstanding any other provision of law, all fines and penalties recovered for violation of rules and regulations made under authority of this section shall be accounted for by the clerk of the court and forwarded to the trustees of the university to be deposited in the scholarship trust fund of the university for scholarship purposes.

SECTION 3. Notwithstanding any general or special law, rule or regulation to the contrary, all incumbent police officers previously appointed under section 32A of chapter 75 and currently employed by the University of Massachusetts police department immediately prior to the effective date of this act shall continue to serve in their respective offices or positions as non-civil service police officers in the University of Massachusetts police department, established under section 32A of chapter 75, without impairment of their retirement, seniority, or other rights and they shall not be lowered in grade or compensation.

Nothing in this section shall be construed to confer upon any employee any rights not held immediately prior to the effective date of this act or to prohibit any reduction of salary or grade, transfer, reassignment, suspension, discharge, layoff, or abolition or position not prohibited prior to said effective date.

SECTION 4. Section 5 of chapter 467 Acts of 2004 as so appearing, is hereby amended by adding after the words “state or community college” the following words: - or the University of Massachusetts.

SECTION 5. Section 111F of chapter 41 of the General Laws, is hereby amended by inserting after the words:- “General Edward Lawrence Logan International Airport, and members of the Massachusetts military reservation fire department, for the purposes of this section the Massachusetts Port Authority and Massachusetts military reservation shall be fire districts,” the following:-- The provisions of this section shall also apply in all aspects to any University of Massachusetts police officer.

SECTION 6. Section 94 of chapter 32, as so appearing, is hereby amended by inserting after the words “Massachusetts Bay Transportation Authority,” the following words:- or of the University of Massachusetts police department.

SECTION 7. Section 9A of chapter 258 of the General Laws is hereby amended by inserting after the words “state police”, each time they appear, the following words: - the police department of the University of Massachusetts.

SECTION 8. Group 2 of paragraph (g) of subdivision (2) of section 3 of chapter 32 of the General Laws, is hereby amended by striking out the words: - University of Massachusetts police.

SECTION 9. Group 4 of paragraph (g) of subdivision (2) of section 3 of chapter 32 of the General Laws, is hereby amended by striking out the words “chief of security for the University of Massachusetts medical school or supervising identification agent; ” and inserting in its place thereof the words: - chiefs and police officers of the University of  Massachusetts system.

SECTION 10. Notwithstanding the provisions of chapter 32 of the Massachusetts General Laws or any other general or special law to the contrary, the state board of retirement shall establish and implement a retirement incentive for University of Massachusetts police officers who held positions appointed under section 32A of chapter 75 immediately prior to the effective date of this act. Each police officer eligible shall request and receive a combination of years of creditable service and years of age, the sum of which shall not be greater than three years of creditable service and years of age, provided said police officer shall retire within twelve months of the date of enactment of this section.

SECTION 11. Chapter 41 of the General Laws is hereby amended by inserting after section 98G the following new section: -

Section 98H. A police officer of the University of Massachusetts is who empowered to make arrests on properties owned, occupied, leased, sublet, or affiliated with the university, may while on duty in a city or town that contains or borders said properties, take any legal action or exercise any lawful act within said town or city, to enforce the General Laws of the Commonwealth.

SECTION 15. Section 8G of chapter 40 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following new sentence: - As used in this section, the definition of “police officer” shall mean any officer of a city of town, or of the University of Massachusetts.