Budget Amendment ID: FY2013-S4-38

OTH 38

Massport Police Jurisdiction 2

Messrs. Hart and Michael O. Moore moved that the proposed new text be amended by inserting the following section:-

Section XX

Notwithstanding any general or special law to the contrary, the Massachusetts Port Authority (“Authority”), the department of state police and the municipality in which property of the Authority is located, may enter into one or more agreements whereby the Authority may grant, and the municipality may accept, such policing authority and responsibility on such of the Authority’s property, owned or leased, excluding the General Edward Lawrence Logan International Airport and the Authority’s properties that are subject to federal regulation under Title 33 Code of Federal Regulations, Part 105, Subpart D, as the parties agree is appropriate and in the interest of public safety.  The agreement may contain such other terms and conditions as are consistent with any grant of policing authority contained in the agreement.  The agreement or agreements may also permit the municipality to conduct such actions on the Authority’s property, including the General Edward Lawrence Logan International Airport, as are required to ensure compliance with and enforcement by the municipality of licenses issued by the municipality under M.G.L. Chs. 138 and 140; and for the Authority to enforce, in the manner and to the extent as the parties shall agree, such municipal ordinances or bylaws as the parties agree shall be applicable to and enforceable by the Authority on Authority or municipal property. Any action taken by a municipal police officer, state police officer or an Authority Port Officer, (collectively “Officer”), consistent with the terms of the agreement, shall be presumed to have been within the scope of the Officer’s police powers and employment, and the Officer shall have the same protections from personal liability, and to the same extent, as if the action had been taken in any other location within the Officer’s respective jurisdiction, and the Authority shall have the same limit on their liability for any such action as has the municipality.