The Commonwealth of Massachusetts

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In the Year Two Thousand and Seven.

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By striking out all after the enacting clause and inserting in place thereof the following:

“SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after section 116C the following section:-

Section 116D. There shall be a harbormaster training council, hereinafter the council, within the executive office of public safety. The council shall consist of 11 members, 1 of whom shall be a representative of the state police with knowledge of marine law enforcement and operations who shall be appointed by the colonel of the state police and shall be a member of the state police marine unit; 1 of whom shall be a representative of the environmental police with knowledge of marine law enforcement and operations appointed by the secretary of energy and environmental affairs; 1 of whom shall be an employee of the executive office of public safety to be appointed by the secretary of public safety who shall serve ex officio; 1 of whom shall be an employee of United States First Coast Guard District to be appointed by the district commander who shall serve ex officio; and 7 of whom shall be harbormasters appointed by the governor, 2 of whom shall be from the coastal communities north of Boston, 2 of whom shall be from coastal communities south of Boston, and 2 of whom shall be from coastal communities from Cape Cod and the Islands, and 1 of whom shall be from the city of Boston. Members appointed by the governor shall serve for a term of 2 years with their successors appointed in a like manner. Members of the council shall serve without compensation.

The council shall set policies and standards for the training harbormasters and assistant harbormasters in accordance with applicable laws and regulations including sections 19 through 21, inclusive, of chapter 102.

The expenses of the council shall be funded solely from the Harbormaster Training Trust Fund established pursuant to section 35HH of chapter 10.

SECTION 2. Chapter 10 of the General Laws is hereby amended by inserting after section 35GG the following section:-

Section 35HH. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Harbormaster Training Trust Fund, hereinafter referred to as the fund, to fund harbormaster training programs pursuant to section 19A of chapter 102. The fund shall be administered by the state treasurer, in consultation with the harbormaster training council established pursuant to section 116D of chapter 6, hereinafter the council. The fund shall be credited any appropriations or other monies authorized by the general court and specifically designated to be credited thereto, such additional funds as are subject to the direction and control of the council, any federal grants or loans, royalties or private investment capital which may properly be applied in furtherance of the objectives of the fund, any fees and charges imposed by the council on municipalities or individuals related to training harbormasters and any other monies which may be available to the council for the purposes of the fund from any other source or sources. Any revenues, deposits, receipts, or funds received through the receipt of royalties, interest, dividends, inclusive, shall be deposited in the fund, and shall be available for the purposes described in this section, without further appropriation. No expenditure from the fund shall cause the fund to be in deficiency at the close of a fiscal year. Monies deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.

(b) The fund shall be held and applied by the treasurer, subject to the approval of the council, to: (i) fund harbormaster the training program established pursuant to section 19A of chapter 102; and (ii) for the administrative expenses of the harbormaster training council established pursuant to section 116D of chapter 6; provided, however, that said administrative expenses shall not exceed 25% of the total expenditures of the fund in any fiscal year.

SECTION 3. Chapter 102 of the General Laws is hereby amended by inserting after section 19 the following section:-

Section 19A. (a) A person who receives an appointment as a harbormaster or as an assist harbor master on a full-time or permanent part-time basis in a city or town where a harbor is located shall satisfactorily complete an initial prescribed course of study for harbormasters which shall be approved by the harbormaster training council established pursuant to section 116D of chapter 6 and offered at a time to be determined by said harbormaster training council. A person so appointed shall attend, at such further intervals and for such periods as determined by the harbormaster training council, a prescribed course of study for harbormasters which shall be approved by the council, for in-service training. Upon petition to the council by the appointing authority, a person appointed as a harbormaster or as an assistant harbormaster, on a full-time or permanent part-time basis, in a city or town where a harbor is located may be exempted by the council from the requirements of this section before exercising harbormaster powers while that person is awaiting training.

(b) Failure of a person to comply with this section within 2 years of being appointed as a harbormaster or as an assist harbor master on a full-time or permanent part-time basis in a city or town where a harbor is located shall result in removal by the appointing authority if the harbormaster or assist harbormaster is not awaiting funding and scheduling of a harbormaster academy. Failure of an appointed person to satisfactorily complete the in-service prescribed course of study in a timely manner may result in removal by the appointing authority. This section shall not apply to seasonal employees appointed by the harbormaster from time to time.

SECTION 4. Notwithstanding any general or special law to the contrary, a person who holds a full-time or permanent part-time position as a harbormaster or assistant harbormaster before the effective date of this act shall be exempt from the initial training requirement of subsection (a) of section 19(a) of chapter 102 of the General Laws.”.