Bill S.1754

SENATE DOCKET, NO. 797 FILED ON: 2/8/2021

SENATE . . . . . . . . . . . . . . No. 1754

By Mr. Moore, a petition (accompanied by bill, Senate, No. 1754) of Michael O. Moore for legislation to complete police reform by providing equity to state-employed and special authority law enforcement officers in the Commonwealth. Public Service.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to completing police reform by providing equity to state-employed and special authority law enforcement officers in the Commonwealth.

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 2018 Official Edition, is hereby amended by adding the following clause:-

Sixtieth, "Police officer", "policeman", or "permanent member of a police force" shall include without limitation, any police officer appointed by the University of Massachusetts, executive office of environmental affairs, Massachusetts Port Authority, and campuses of the state universities and community colleges.

SECTION 2. Paragraph (g) of subdivision (2) of section 3 of chapter 32, as so appearing, is hereby amended by striking out, in lines 253 and 254, the words:- ; University of Massachusetts police.

SECTION 3. Said paragraph (g) of said subdivision (2) of said section 3 of said chapter 32, as so appearing, is hereby amended by inserting after the words "chief of security for the University of Massachusetts medical school or supervising identification agent", in lines 327 and 328, the following words:- ; employees of the University of Massachusetts who are employed as police officers and supervisors of said employees who shall include sergeants, lieutenants, captains, assistant chiefs, deputy chiefs, and chiefs; employees of the Massachusetts Port Authority who are employed as port officers and supervisors of said employees who shall include port sergeants, lieutenants, captains, assistant chiefs, deputy chiefs, and chiefs; employees of the state universities and community colleges who are employed as campus police officers and supervisors of said employees who shall include sergeants, lieutenants, captains, assistant chiefs, deputy chiefs, and chiefs.

SECTION 4. Section 94 of said 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, Massachusetts Port Authority police, campus police departments of the state universities and community colleges, and Environmental police.

SECTION 5. The first paragraph of section 111F of chapter 41, as so appearing, is hereby amended by inserting after the fourth sentence and following sentence:- The provisions of this section shall also apply in all aspects to any University of Massachusetts police officer, environmental police officer, Massachusetts Port Authority police, and campus police officer of state universities and community colleges.

SECTION 6. The first paragraph of section 32A of chapter 75, as so appearing, is hereby amended by striking out the second sentence and inserting in the place thereof the following sentence:- The trustees shall appoint as police officers persons employed by the university who throughout university properties shall have the powers of police officers, except as to service of civil process.

SECTION 7. Said section 32A of said chapter 75, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:- Police officers appointed by the trustees of the University of Massachusetts, in connection with the operation of any part of the university, throughout university properties including but not limited to upon lands, roads or properties owned, leased, occupied, sublet, or affiliated with the University of Massachusetts, and throughout any and all such roadways contiguous to said university property to and from all points and locales, may perform police duties under the commanding officer or the person in charge of such campus. While performing such duties within those limits, the police officers shall have the same authority, immunities and privileges as duly appointed and qualified police officers acting elsewhere in the Commonwealth. Every officer who receives an appointment to a position on a full-time basis in which that person may exercise police powers for any of the campuses of the University of Massachusetts, shall, prior to be certified pursuant to chapter 6E.

SECTION 8. Said chapter 75 is hereby amended by inserting after section 32B the following section:-

Section 32C. While participating in the University of Massachusetts police cadet program, a UMass police cadet shall not be subject to or entitled to the benefits of any retirement or pension law, nor shall any deduction be made from a University of Massachusetts police cadet's compensation for the purpose thereof; provided, however, that a University of Massachusetts police cadet who successfully completes the University of Massachusetts police cadet program and is appointed to the University of Massachusetts police department pursuant to section 32A of chapter 75 or is enlisted as a state police officer, or is appointed as a police officer in the office of law enforcement within the executive office of energy and environmental affairs, Massachusetts Bay Transit Authority, Massachusetts Port Authority, or becomes an employee, as defined in section 1 of chapter 32, or is appointed as a municipal police officer, shall have any University of Massachusetts police cadet service considered as creditable service, as defined in said section 1 of said chapter 32, for purposes of retirement if the University of Massachusetts police cadet pays into the annuity savings fund of the retirement system in 1 sum or installments, upon such terms and conditions as the board may prescribe, not later than 1 year after appointment as described above, such amount as the retirement board determines equal to that which the University of Massachusetts police cadet would have paid had the University of Massachusetts police cadet been a member of the retirement system during the period of employment as a University of Massachusetts police cadet, together with buyback interest.

SECTION 9. Section 5 of chapter 467 Acts of 2004 is hereby amended by inserting after the words "community college" the following words:- or the University of Massachusetts.

SECTION 10. Notwithstanding the provisions of chapter 32 of the 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, police officers of the executive office of environmental affairs, Massachusetts Port Authority police, and campus police of the state universities and community colleges who held positions appointed immediately prior to the effective date of this act. Each eligible member of the University of Massachusetts police, environmental police, Massachusetts Port Authority police, and campus police of the state universities and community colleges may request and shall receive a combination of years of creditable service and years of age, the sum of which shall total, yet not be greater than, three years of creditable service and three years of age, provided said police officer shall retire within twelve months of the date of enactment of this section.

Name:	District/Address:
Michael O. Moore	Second Worcester