reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 88c - State Sponsored Life Insurance

Section 88C. The National Guard Association of Massachusetts shall be the designated provider of state sponsored life insurance products offered through insurers licensed to transact insurance business in the commonwealth for military members of the armed forces of the commonwealth and such members' dependents. The military division, through the adjutant general, is hereby designated as the official departmental sponsor of the Massachusetts National Guard State Sponsored Life Insurance Program, and shall allow, facilitate and coordinate all efforts to make the program available to all members of the armed forces of the commonwealth and such members' dependents, and shall allow, facilitate, and coordinate requested allotments with the appropriate United States Property and Fiscal Office.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 89 - Use of Private Automobiles; Conditions

Section 89. Under an order issued by the commander-in-chief, the adjutant general, in the name and on behalf of the commonwealth, may, for military use, accept the gift or loan of a motor vehicle, or the grant of the temporary right to the use and control of a motor vehicle, or hire or purchase a motor vehicle in the event—
(1) An enemy at war with the United States shall commence or threaten operations to endanger the peace or safety of the commonwealth; or
(2) Of tumult, riot, mob, natural disaster, or public catastrophe within the purview of section forty-one; or
(3) Any unit of the armed forces of the commonwealth shall be directed or authorized by order of the commander-in-chief to participate or engage in any military training, exercise or duty in which the use of motor vehicles in excess of the number issued to such unit may be required.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 90 - Board of Compensation; Powers and Duties; Payment of Claims

Section 90. Claims against the commonwealth for compensation under section 88 shall be referred to a board of 3 officers with a grade of major or higher, including a judge advocate and a medical or medical service officer in the military forces of the commonwealth, appointed by the commander-in-chief. In consideration of the claim, the board shall, except as otherwise provided in section 88, take into account any compensation received by the claimant or the claimant's dependents from the United States. The board shall have the same power as the division of industrial accidents to take evidence, administer oaths, issue subpoenas and compel witnesses to attend, testify and produce books and papers. The findings of the board shall be subject to the approval of the adjutant general. The amounts so found due and so approved shall be a charge against the commonwealth and shall be paid in the same manner as other military accounts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 93 - Subrogation

Section 93. Where the damage or injury for which compensation is claimed under section ninety was caused under circumstances creating a legal liability in some person other than the commonwealth to pay damages in respect thereof, the commonwealth may enforce, in the name of the claimant or in its own name and for its own benefit, the liability of such other person. The sum recovered shall be for the benefit of the commonwealth unless such sum is greater than that paid by it to the claimant, in which case four fifths of the excess shall be paid to the claimant.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 94 - Persons Temporarily Employed by Armed Forces; Status; Right to Compensation

Section 94. No person performing any services under section 88 shall, by reason of the services, be considered an employee of the commonwealth or, if not already an officer or enlisted person of the military division, to be an officer or enlisted person, or to be entitled to receive any pension or retirement allowance, or to have acquired any right or to be entitled to receive any other benefit or compensation. A person claiming the right to receive compensation under section 88 shall, within a reasonable time after receiving an injury or contracting a sickness or disease while performing services referred to in said section 88, give to the adjutant general notice of the name and place of residence of the person and the time, place and cause of the injury, sickness or disease. The notice shall be in writing and signed by the person claiming compensation or by someone on behalf of the person.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 96 - Authorization; Administration; Bond of Custodian; Distribution on Disbandment of Unit

Section 96. Organization and unit funds, subject to available appropriations, shall be maintained and conducted as the adjutant general may prescribe in regulations. The administration of the funds by the officer designated in regulations to have custody of the funds shall be a duty of the office of the officer. Upon the disbandment of any organization or unit maintaining a fund as provided in this section, the adjutant general shall immediately become custodian or treasurer of the fund and shall distribute the funds to organizations or units as the adjutant general may determine to be equitably entitled to the funds or, if no organization or unit is so entitled, shall draw a check for the total amount on deposit in favor of the state treasurer who shall hold the funds or shall expend them as the general court may prescribe; provided, however, that in the case of organizations or units ordered into the active service of the United States, the adjutant general or a designee may act as custodian of the funds during the period of active service of the United States.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 97 - Allowances for Administration and Maintenance

Section 97. There may annually, subject to available appropriations, be allowed and paid quarterly from money appropriated for the purpose in substantially equal installments under regulations as may be promulgated by the adjutant general to the organizations and units of the armed forces of the commonwealth, when not in federal service, appropriate sums for administration and maintenance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 99 - Unauthorized Use of Uniform; Penalties

Section 99. Whoever, not being in the service of the armed forces of the United States or of the commonwealth, appears in public wearing the distinctive uniform of any branch of such service shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 6 months or both. This section shall not apply to: (i) any person discharged from such service, for any cause other than the own unworthiness of the person, wearing a uniform to take part in any military or naval parade or on any occasion of ceremony; or (ii) any person in the service of the armed forces of the United States, discharged for any cause other than the own unworthiness of the person, wearing the uniform from the place of discharge to the home of the person. A person found to have violated this section may be arrested without a warrant by any officer qualified to serve criminal process; provided, however, that nothing in this section shall subject to penalty any action with respect to the wearing of uniforms of the armed forces of the United States which is authorized by federal law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 101 - Unit Clothing and Equipment; Issuance

Section 101. Except as otherwise provided, units of the military forces of the commonwealth shall be provided, at the expense of the commonwealth, with the individual and unit clothing and equipment necessary for their proper training and performance of military duties. Individual and unit clothing and equipment shall be issued in the manner prescribed by the adjutant general.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 102 - Unit Clothing and Equipment; Regulation of Use

Section 102. Individual and unit clothing and equipment so provided shall be used only for military purposes, under regulations promulgated by the commander-in-chief, who shall provide how and where such property shall be kept and used, and shall be returned when directed by the adjutant general.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 103 - Use, Care and Return of Military Property

Section 103. An officer or enlisted person shall be responsible for the proper care, safekeeping and return, when so directed, of all items of military property issued by the United States or the commonwealth. Service members shall use the items of military property for military purposes only and, upon being discharged, transferred or otherwise separated from military service or upon the demand of a commanding officer, shall immediately deliver the items to the commanding officer or any officer ordered to receive them in good order and condition, fair wear of the items excepted.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 105 - Loss or Damage to Military Property; Liability; Restitution

Section 105. An officer or enlisted person of the military forces of the commonwealth who damages, loses through carelessness or neglect, carries away or unlawfully disposes of military property of the United States or of the commonwealth, shall be charged with the money value thereof, as determined by an investigating officer or board of survey detailed or appointed by the adjutant general to investigate and report upon the case. Such investigating officer or board of survey shall submit with the report all the evidence bearing upon the loss, damage or disposition of the property.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 107 - Unlawful Purchase or Possession of Military Property; Penalty

Section 107. A person who knowingly purchases, retains or has possession of any item of military property of the United States or the commonwealth, unless the military property was issued to the person or is in possession in accordance with law, shall be punished by a fine not to exceed 10 times the value of the military property.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 108 - Custodians of Military Property; Bond; Duties; Accountability

Section 108. An officer or noncommissioned officer of the armed forces of the commonwealth to whom monies or public property are at any time issued may be required to give bond to the commonwealth, in an amount and with such sureties as may be determined by the adjutant general and conditioned upon the faithful performance of the duties of the officer, accounting properly for all monies or property received by virtue of the assignment and duties during the term of the bond and turning over to the immediate successor of the officer or other officer designated by the adjutant general all records, reports, monies or property for which the officer is accountable as provided in section 112.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 109 - Use of Schedule Bonds

Section 109. The adjutant general may arrange for such schedule bond as the adjutant general considers advisable to take the place of individual bonds required by law from any officer or officers or noncommissioned officer or officers of the armed forces of the commonwealth. Each such schedule bond shall be with surety satisfactory to the adjutant general and conditioned that the officers and noncommissioned officers holding the positions specified in said bond shall faithfully perform the duties of their respective offices; and it shall contain such other conditions or provisions as may be required by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 111 - Custodians of Military Property; Powers and Duties

Section 111. (a) A service member shall be responsible for military property of the United States and the commonwealth that the service member receives and the service member shall not sell, loan or transfer the military property or any part of the property without the authority of the adjutant general. An officer or enlisted person shall be liable to the commonwealth for all military property that is defaced, injured, destroyed or lost by neglect or default of the officer or enlisted person or for its value, which shall be recovered in an action of tort brought by the state judge advocate in the name of the commonwealth.
(b) A service member shall exercise the strictest care and vigilance for the preservation of the individual and unit clothing and equipment and other property furnished by the service member's commands and, in the case of any loss of, or damage to, the clothing, equipment or other property by the service member's neglect or default, the service member shall be subject to appropriate punishment under this chapter.
(c) If an officer or enlisted person neglects or refuses to return any military property of the United States or the commonwealth or of any unit, or to account satisfactorily for it to the officer responsible for its custody or to the officer ordered to receive it, the custodian or officer may make a written complaint directly to the colonel of state police describing the missing property. Upon receipt of the complaint, the state police shall make diligent search for the property and shall take possession of the military property and turn the military property over to the officer responsible for its custody.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 112 - Accounting for Military Property Upon Change of Command or Disbandment

Section 112. (a) An officer of the military forces of the commonwealth, upon vacating an office, shall turn over to an immediate successor or other officer designated by the commander-in-chief all records, reports and military property in the officer's possession belonging or in any way pertaining to the office.
(b) Upon the disbandment of any unit which has received military property for military use, the service members responsible for the property shall return the property to the officer ordered to receive the property.
(c) Until the service member responsible for the military property or a legal representative receives from the adjutant general notice that the property accounts of the service member have been found correct, the liability of the service member or the estate of the service member for military property shall continue. Upon the death or desertion of a service member responsible for military property, the immediate commanding officer shall immediately cause the property to be collected and a correct inventory made by physical count and examination. The inventory shall be forwarded to the adjutant general and compensation for any shortage may be recovered as provided in subsection (a) of section 111.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 113 - Inspection and Condemnation of Military Property; Reports

Section 113. A state surveying officer or a board of officers designated by the commander-in-chief shall inspect and condemn military property of the commonwealth unfit for use. No such property shall be sold or otherwise disposed of until it has been inspected and condemned, and the condemnation approved by the commander-in-chief, except that subsistence stores of a perishable nature, which would spoil before action could be taken by the state surveying officer or a board as above provided, may be sold, or given to a non-sectarian charitable institution by the officer responsible therefor, after investigation by an officer detailed by the commanding officer of the organization. The report of the investigation, approved by the commanding officer, shall be forwarded by the responsible officer. The proceeds of any sales made hereunder shall be paid to the military division of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 116 - Acceptance of Gifts

Section 116. The adjutant general, with the approval of the commander-in-chief, may accept on behalf of the commonwealth any gift or bequest of personal property to or for the use of the military forces of the commonwealth, and shall forthwith transfer any money or securities so received to the state treasurer who shall administer the same as provided in section seventeen A of chapter ten.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 117 - Establishment; Responsibility of Cities and Towns; Penalty for Noncompliance

Section 117. Cities and towns shall provide for units of the armed forces of the commonwealth not provided with a state armory or air installation, and permanently stationed within their limits, adequate facilities, including a suitable hall for the purpose of drill, and suitable rooms, properly equipped, annexed thereto for the assemblies of such units, for administrative work, and for the safekeeping of military property. They shall provide for such facilities the necessary fuel, lights, water, janitor service and necessary repairs, or shall make a reasonable monetary allowance therefor to the commonwealth.
Where two or more units of the armed forces of the commonwealth are permanently stationed in the same city or town, the city or town may, instead of providing each with a suitable hall for drill, provide one or more halls to be used by the units in common.
Any city or town failing to comply with this section shall forfeit to the commonwealth a sum not exceeding five thousand dollars for each year, for each unit, during which such failure continues, to be recovered upon an information in equity brought in the superior or supreme judicial court by the attorney general at the relation of the adjutant general. Any amount so forfeited shall be credited to the armory appropriation for the fiscal year in which the forfeiture occurs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 119 - Rental Bills; Contents; Filing; Payment

Section 119. The mayor or city manager of a city, or the selectmen of a town, providing an armory, air installation or adequate facilities for the use of the armed forces of the commonwealth, shall annually submit, on or before June first, to the state quartermaster, through the senior commanding officer stationed therein, a bill for the rental thereof. All such bills shall give the designation and location of each armory, air installation or facility and the designation of each unit quartered therein. The state quartermaster shall annually, not later than June thirtieth, file with the state comptroller his certificate, stating the sum allowed for each armory, air installation or facility, the designation of each unit occupying it, and the city or town making the return, and thereupon he shall notify the mayor or selectmen of the sum allowed, which shall be paid to the city or town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 120 - Armories Furnished by State; Effect on Municipal Responsibility

Section 120. When any armory or air installation is furnished by the commonwealth in any city or town, the adjutant general shall notify the city or town where such armory or air installation lies, and thereupon all obligations of said city or town as to said armory or air installation under section one hundred and seventeen, and all allowances and payments by the commonwealth for rent, shall cease, as to the units quartered in said armory or air installation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 122 - Lease, Rent or Use of Armory for Nonmilitary Purpose

Section 122. The adjutant general may lease, rent or permit the use of an armory or part thereof for nonmilitary purposes, by any federal or state governmental entity, or any other user, under such restrictions and for such compensation, if any, as the adjutant general may by regulation prescribe. The adjutant general shall apply any compensation received to the cost of maintaining the armory.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 126 - Armory Commission; Powers and Duties in Respect to Location and Rejuvenation of Armories and Air Installations; Method of Acquiring Land

Section 126. The armory commission shall rebuild, remodel or repair state armories or air installations damaged or destroyed and may reconstruct, remodel, enlarge or otherwise improve existing state armories or air installations if it deems the needs of the service so require. The commission shall construct additional armories or air installations until the armed forces of the commonwealth shall be provided with adequate quarters.
The armory commission shall designate the location of armories and air installations to be constructed and shall immediately, on behalf of the commonwealth, take by eminent domain under chapter 79 or acquire by purchase or otherwise suitable lots of land in the respective cities or towns designated and shall erect, furnish and equip thereon armories or air installations sufficient for 1 or more units of the armed forces of the commonwealth as it considers necessary; provided, however, that no land shall be acquired and no buildings shall be erected, reconstructed, remodeled or enlarged until the site and plans and the total amount to be authorized for the site and plans have been approved by the commander-in-chief.
The armory commission may, on behalf of the commonwealth and with the approval of the commander-in-chief, take by eminent domain under chapter 79 or acquire by purchase or lease, land suitable for ranges for target practice for the armed forces of the commonwealth and upon such land may, with the approval of the commander-in-chief, erect such buildings and construct such facilities as may be needed.
Land acquired by purchase under this section shall be paid for by the commonwealth upon the execution of such a release or conveyance as shall be prescribed by the attorney general.
The armory commission may, on behalf of the commonwealth and with the approval of the commander-in-chief, dispose of an armory or air installation whenever it considers that the continued existence of such armory or air installation no longer suitably or efficiently serves the purposes of the armed forces of the commonwealth either due to obsolescence or changes in the defense requirements.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 130 - Drills or Parades by Armed Citizens or Foreign Troops; Conditions

Section 130. The commander-in-chief may prescribe rules and regulations under which bodies of citizens of the United States, or foreign troops to whose admission to the United States the government of the United States has consented, may drill or parade with firearms or harmless imitations thereof. The commander-in-chief may authorize the use by any such body of any state armory or air installation for drill or training.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 131 - Unauthorized Parades by Armed Citizens; Unlawful Maintenance of Armories; Penalties

Section 131. Whoever violates any provision of section one hundred and twenty-nine or one hundred and thirty shall be punished by a fine of not more than $500 or by imprisonment for not more than six months, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 132 - Ancient and Honorable Artillery Company; Rights Preserved

Section 132. This chapter shall not affect the right of the Ancient and Honorable Artillery Company of Massachusetts to maintain its organization as a military company and its constitution and by-laws in so far as the same are not repugnant to the laws of the commonwealth or of the United States.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 134 - Corps of Cadets; Rights Preserved

Section 134. The First Corps of Cadets and the Second Corps of Cadets shall be organized as the commander-in-chief directs, and may retain their respective names, the right to wear such distinctive uniforms as may be approved from time to time by the commander-in-chief, and retain their ancient privileges as prescribed in Title 32 of the United States Code.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 135 - National Guard; Representation at Conventions

Section 135. The adjutant general may appoint delegates from the National Guard Association of Massachusetts, Inc. to represent the national guard, army and air, of the commonwealth at the annual conventions of the National Guard Association of the United States. Said adjutant general may also appoint delegates from the Massachusetts National Guard Enlisted Association to attend the annual conventions of the Enlisted Association of the National Guard of the United States. The necessary expenses of the delegates so appointed from the active national guard, army or air, may be paid out of military appropriations; provided, however, that no more than a total of thirty delegates shall be appointed annually to attend said conventions; and provided, further, that at no time shall the total amount of expenses paid to any delegate so appointed exceed the rate determined by the human resources division.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 137 - National Guard Education Assistance Program

Section 137. There shall be a Massachusetts national guard education assistance program. The program shall be administered by the military division which may issue a certificate of exemption from the matriculation fee and tuition to any member of the Massachusetts army or air national guard who is enrolled at any state institution in a program the cost of which is borne by the commonwealth and who is qualified as provided in this section. This certificate shall remain in effect for 1 full academic year and shall be renewed after the student has completed a full academic year of work equal to 30 semester hours, in accordance with regulations prescribed by the military division. A certificate may therefore be in effect for more than 1 year.
To receive benefits from the program, the member shall be a member in good standing of the active Massachusetts army or air national guard at the beginning of each semester that benefits are payable and shall remain a member in good standing of the active Massachusetts army or air national guard throughout the entire semester for which benefits are payable.
Assistance shall continue for the benefit of the member only during such time as the member remains a student in good standing at the institution in which the member is enrolled; provided, however, that no student shall receive the benefits for more than 130 semester hours.
Enrollment of a member in a course at any such institution shall be dependent on the availability of seats. For the purposes of this section, ''availability of seats'' shall mean vacancies that exist in a course after the enrollment of all tuition-paying students and all students who are enrolled under any scholarship or tuition waiver provisions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 137a - National Guard Family Education Program

Section 137A. (a) For the purposes of this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
''Availability of seats'', vacancies that exist in a course after the enrollment of all tuition-paying students and all students who are enrolled under any scholarship or tuition waiver provisions.
''Dependents'', immediate family members of a member who are enrolled in the Defense Enrollment Eligibility Reporting System in connection with the member.
''Member'', a Massachusetts army or air national guard member eligible pursuant to subsection (d).
(b) There shall be a Massachusetts national guard family education program. The program shall be administered by the military division and shall allow qualified members pursuant to subsection (d) to transfer tuition benefits pursuant to section 137 to their dependents.
(c)(1) The Massachusetts national guard family education program may issue a certificate of exemption from the matriculation fee and tuition to specified dependents of members enrolled in a program at any public institution of higher education listed under section 5 of chapter 15A who are qualified as provided in this section, the cost of which shall be borne by the commonwealth. The credit total of tuition benefits shall not exceed 130 semester hours per member, including hours transferred to a member's dependents.
(2) The military division shall maintain a record of tuition and fee credit totals of each member, including semester hours per member.
(3) Dependents shall use their specified credit allotment within 10 years of member separation from service or by the age of 26, whichever date is later.
(d) Unless a member has more than 20 years of military service, to be eligible for the program the member shall: (i) extend their current service obligation or reenlist for national guard education assistance program benefits pursuant to section 137 after completing their initial 6–year military service obligation to the Massachusetts army or air national guard; (ii) be eligible to serve an additional 6–year enlistment from the date of extension or reenlistment; (iii) be in good standing and a satisfactory participant in the Massachusetts army or air national guard; and (iv) have not previously used the maximum tuition benefits pursuant to section 137.
(e) Members may split their national guard education assistance program tuition benefits, pursuant to section 137, between dependents. The combined total of semester hours for members and their dependents shall not exceed 130 semester hours total.
(f) Enrollment of a dependent in a course at any public institution of higher education shall be subject to the availability of seats.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 138 - Joint Base Cape Cod Fire Department

Section 138. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Chief'', the chief of the Joint Base Cape Cod fire department.
''Department'', the Joint Base Cape Cod fire department.
''Joint Base Cape Cod'', approximately 22,000 acres of land owned by the commonwealth in Barnstable county established under chapter 196 of the acts of 1935 and used primarily for military purposes.
(b) There shall be within the military division a Joint Base Cape Cod fire department. The department shall provide air crash crew and fire protection services on the Joint Base Cape Cod. The department shall be under the supervision and control of the chief of the Joint Base Cape Cod fire department.
The chief shall be appointed by the adjutant general and may be removed by the adjutant general for cause after a hearing. The chief shall have charge of extinguishing fires on the Joint Base Cape Cod and the protection of life and property in the event of fire, aircraft mishap or explosion. The chief shall enforce all applicable state and federal fire laws and codes. The chief shall purchase, subject to the approval of the adjutant general or the adjutant general's designee, and maintain all apparatus used by the fire department and shall make other necessary expenditures subject to such further limitations as the adjutant general or the adjutant general's designee may prescribe.
The chief shall enter into mutual aid agreements with surrounding cities and towns as necessary. The chief shall have and exercise all the powers and discharge all the duties conferred or imposed by statute upon engineers in towns, except as otherwise provided by chapter 48. The chief shall appoint a deputy chief and such officers and firefighters as the chief considers necessary and may remove the deputy chief, officers and firefighters for cause after a hearing, subject to any applicable collective bargaining agreement. The chief, deputy chief, officers and firefighters shall be civilian employees of the military division and shall not be subject to General Laws establishing a civil service system. New uniformed members of the department shall be subject to sections 61A and 61B of chapter 31.
Except as otherwise provided in this section, the chief shall administer the department. The chief shall make rules and regulations for its operation, shall report annually to the adjutant general or the adjutant general's designee on the condition of the department and at such other times as the adjutant general or the adjutant general's designee shall request.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33 - Militia › Section 139 - Protection of Assets Classified as Vital to National Security

Section 139. Subject to conditions and limitations as promulgated in regulations by the commander-in-chief, the national guard may use all appropriate means necessary to protect assets vital to national security classified as such according to rules, regulations or instructions promulgated by the United States Department of Defense or the military departments of the United States Department of Defense or as otherwise ordered by the commander-in-chief.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 2 - Persons Subject to This Code; Jurisdiction

Article 2. Persons subject to this code; jurisdiction.
(a) This code shall apply to all members of the state military forces. This code shall not apply to members serving in a title 10 status.
(b) Subject matter jurisdiction shall be established if a nexus exists between an offense, either military or non-military, and the state military force. Courts-martial have primary jurisdiction of military offenses as defined in article 1. A civilian court has primary jurisdiction of a non-military offense when an act or omission violates both this code and local criminal law, foreign or domestic. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation and accessory crimes must be determined by the underlying offense.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 3 - Jurisdiction to Try Certain Personnel

Article 3. Jurisdiction to try certain personnel.
(a) Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to article 43, subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in custody under the direction of the state military forces for that trial. Upon conviction of that charge that person is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.
(b) No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 5 - Territorial Applicability of the Code

Article 5. Territorial applicability of the code.
(a) This code shall apply at all times and in all places subject to jurisdiction as provided in article 2 or, if not in a duty status, when there is a nexus between the act or omission constituting the offense and the efficient functioning of the state military forces; provided, however, that this grant of military jurisdiction shall not preclude or limit civilian jurisdiction over an offense, which is limited only by the prohibition of double jeopardy.
(b) Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the commonwealth with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the commonwealth, and offenses committed outside the commonwealth may be tried and punished either inside or outside the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 6 - Judge Advocates

Article 6. Judge Advocates.
(a) The senior force judge advocates in each of the commonwealth's military forces or that judge advocate's delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force.
(b) Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with the state judge advocate.
(c) No person who has acted as a member, military judge, trial counsel, defense counsel or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 7 - Apprehension

Article 7. Apprehension.
(a) A person authorized by this code or by 10 U.S.C. section 801, et seq., or by regulations promulgated thereto, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code and any peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of a state, may do so upon probable cause that an offense has been committed and that the person apprehended committed it.
(b) Commissioned officers, warrant officers, petty officers and noncommissioned officers shall have authority to quell quarrels, frays and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.
(c) If an offender is apprehended outside the commonwealth, the offender's return to the area shall be in accordance with extradition procedures or by reciprocal agreement.
(d) No person authorized by this article to apprehend persons subject to this code, or any place where such offender is confined, restrained, held or otherwise housed, may require payment of a fee or charge for so receiving, apprehending, confining, restraining, holding or otherwise housing a person except as provided by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 9 - Imposition of Restraint

Article 9. Imposition of restraint.
(a) An enlisted member may be ordered into arrest or confinement by a commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code. A commanding officer may authorize warrant officers, petty officers or noncommissioned officers to order enlisted members of the commanding officer's command or subject to the commanding officer's authority into arrest or confinement.
(b) A commissioned officer, a warrant officer or a civilian subject to this code or to trial under this code may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.
(c) No person may be ordered into arrest or confinement except for probable cause.
(d) This article does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 10 - Restraint of Persons Charged With Offenses

Article 10. Restraint of persons charged with offenses.
A person subject to this code charged with an offense under this code may be ordered into arrest or confinement, as circumstances may require. When a person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and diligent steps shall be taken to try the person or to dismiss the charges and release the person.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 11 - Place of Confinement; Reports and Receiving of Prisoners

Article 11. Place of confinement; Reports and receiving of prisoners.
(a) If a person subject to this code is confined before, during or after trial, confinement shall be in a state, county or local civilian or military confinement facility.
(b) No person authorized to receive prisoners pursuant to subsection (a) may refuse to receive or keep a prisoner committed to the person's charge by a commissioned officer of the state military forces, when the committing officer furnishes a statement, signed by that officer, of the offense charged against the prisoner, unless otherwise authorized by law.
(c) Every person authorized to receive prisoners pursuant to subsection (a) to whose charge a prisoner is committed shall, not later than 24 hours after that commitment or as soon as the person is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner and the name of the person who ordered or authorized the commitment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 13 - Punishment Prohibited Before Trial

Article 13. Punishment prohibited before trial.
No person, while being held for trial or awaiting a verdict, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the arrest or confinement imposed upon such person be any more rigorous than the circumstances required to insure the person's presence, but the person may be subjected to minor punishment during that period for infractions of discipline.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 14 - Delivery of Offenders to Civil Authorities

Article 14. Delivery of offenders to civil authorities.
(a) A person subject to this code accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial or confinement.
(b) When delivery under this article is made to a civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial and the offender, after having answered to the civil authorities for the offense shall, upon the request of competent military authority, be returned to the place of original custody for the completion of the person's sentence.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 16 - Courts-Martial Classified

Article 16. Courts-martial classified.
The 3 kinds of courts-martial in the state military forces shall be:
(1) general courts-martial, consisting of:
(A) a military judge and not less than 5 members; or
(B) only a military judge if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves;
(2) special courts-martial, consisting of:
(A) a military judge and not less than 3 members; or
(B) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (B) of subsection (1) so requests; and
(3) summary courts-martial, consisting of 1 commissioned officer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 17 - Jurisdiction of Courts-Martial in General

Article 17. Jurisdiction of courts-martial in general.
Each component of the state military forces shall have court-martial jurisdiction over all members of the particular component who are subject to this code. The army and air national guard of the commonwealth shall have court-martial jurisdiction over all members subject to this code.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 18 - Jurisdiction of General Courts-Martial.

Article 18. Jurisdiction of general courts-martial.
General courts-martial shall have jurisdiction to try persons subject to this code for an offense made punishable by this code, and may, under such limitations as the commander-in-chief may prescribe, adjudge any punishment not forbidden by this code.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title V - Militia › Chapter 33a - Massachusetts Code of Military Justice › Section 19 - Jurisdiction of Special Courts-Martial

Article 19. Jurisdiction of special courts-martial.
Special courts-martial shall have jurisdiction to try persons subject to this code for an offense made punishable by this code, and may, under such limitations as the commander-in-chief may prescribe, adjudge any punishment not forbidden by this code except dishonorable discharge, dismissal, confinement for more than 1 year, forfeiture of pay exceeding 2/3 pay per month or forfeiture of pay for more than 1 year.