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H 3395

Convention of the states, rescind

2025-2026 Regular Session Introduced by Steven Long

Establishes a Cabinet-level Executive Office of the Military Division and makes the Adjutant General a cabinet secretary, with authority over transfers of staff, contracts, and rul

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 3395

Summary — H.3395 (2025) — “An Act elevating the National Guard to a cabinet level position”

Status & procedural history
- Bill number: H.3395 (House Docket/HD 2474 referenced as replacing)
- Introduced/prefiled: Prefiled 12/05/2024; introduced/read first time 01/14/2025
- Referred: Committee on Judiciary (01/14/2025); referred to State Administration & Regulatory Oversight (02/27/2025)
- Hearing: Scheduled 06/24/2025 (10:00 AM–1:00 PM)
- Reported favorably by committee and referred to House Ways & Means: 10/06/2025
- Note: the provided materials include text from an unrelated South Carolina joint resolution (see “Important note” below).

Purpose and intent
- The principal purpose of this measure is to elevate the state military organization (the National Guard / military division) to cabinet-level status by creating an Executive Office of the Military Division within Massachusetts’ executive branch and assigning the Adjutant General the powers and duties of a cabinet secretary.

Key provisions (substantive changes)
1. Amendments to Chapter 6A (Executive Office organization)
- Section 2 is amended to add “the military division” to the list of executive offices.
- References to “military department” in sections 18 and 18½ of Chapter 6A are struck (technical/statutory cleanup consistent with renaming/elevating the unit).

  1. Creation of Executive Office of the Military Division (new Section 110)

    • Establishes an Executive Office of the Military Division that includes the military division created under Chapter 33 of the General Laws.
    • Places the Executive Office under the supervision/control of the Adjutant General (appointed under G.L. c.33, §15).
    • Specifies that the Adjutant General will have the same powers and duties of a “secretary” as defined in G.L. c.6A, §1 (i.e., cabinet-level authority).

  2. Transition/transfer provisions (Section 5)

    • Provides a statutory mechanism to transfer employees, proceedings, rules, property, contracts and obligations between the Executive Office of Public Safety and Security and the new Executive Office of the Military Division (either direction).
    • Transfers are “subject to appropriation.”
    • Preserves employee rights: continuity of service, civil service status, seniority, retirement, compensation/grade (no reduction in aggregate rights), accrued leave and benefits, collective bargaining status and agreements (per chapters 30, 31 and 150E).
    • Ensures pending matters, orders, rules, contracts, and records are continued and assumed by the transferee agency until lawfully superseded.

Who would be affected
- The Adjutant General and the Massachusetts National Guard/military division (organizationally and administratively).
- Employees currently within the Executive Office of Public Safety and Security who are transferred to (or from) the new Executive Office of the Military Division — including classified civil-service employees, managerial staff, and union-represented workers.
- Agencies and programs interfacing with the military division (contracts, leases, regulatory approvals, pending administrative matters).
- State budgeting and appropriations processes to the extent transfers require funding.

Fiscal/implementation notes
- Section 5 explicitly makes employee transfers “subject to appropriation,” indicating potential budgetary impact and the need for legislative funding for any personnel or administrative changes.
- The bill preserves existing contracts and obligations; no immediate termination or reprocurement is mandated by the text.

Important note about source materials
- The package provided to summarize H.3395 contains an unrelated South Carolina joint resolution (text directing South Carolina to rescind Article V “convention to propose amendments” applications). That South Carolina text is not part of the Massachusetts bill that elevates the military division; it appears to be inserted erroneously and should be treated as separate, unrelated material.

Bottom line
- H.3395 seeks to reorganize the state executive branch by creating a cabinet-level Executive Office of the Military Division, making the Adjutant General a cabinet-equivalent official, and providing a statutory process to transfer personnel, property, rules, and obligations between the public safety executive office and the new military executive office while protecting employee and contract rights.

Compiled from official sources — confirm details with the bill’s official record.

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