SENATE, No. 509

SECTION 1. Section 19 of Chapter 102 of the general laws as appearing in the 2004 official edition, shall be amended by inserting in line 6 after the word “towns” the following new words:- “subject to the provisions listed later in this section,”

Section 2.  Section 19 of Chapter 102 of the general laws, as appearing in the 2002 official edition shall be further amended by adding at the end thereof the following new subsections:-

(b) There shall be hereby established a Harbormaster Training Council, hereinafter the “council”.  Said council shall consist of 10 members including 6 members appointed by the governor, all of which shall be harbormasters or their designees, 2 of which shall be from the coastal communities north of Boston, 2 of which shall be from coastal communities south of Boston, and 2 from coastal communities from Cape Cod and the Islands.  Each harbormaster appointed by the Governor shall serve for a term of 2 years.  One member shall be a representative of the Massachusetts State Police, with knowledge of marine law enforcement and operations, appointed by the Colonel of the department.  One of which shall be a representative of the Massachusetts Environmental Police, with knowledge of marine law enforcement and operations, appointed by the Secretary of Environmental Affairs.  One of which shall be ex-officio, of the Executive Office of Public Safety, to be appointed by the Secretary of Public Safety.   One of which shall be ex-officio, of United States First Coast Guard District, to be appointed by the district Commander.   

(c) The council shall meet to develop, review, modify and certify curriculum. Said curriculum shall be certified each year prior to being implemented.  Further, members of said council shall serve without compensation.

(d)  The council shall meet periodically but less than once a year.  All meetings shall be public.

(e) The council shall keep a public record of all meetings, votes and other business.

(f) The council shall determine the methods of providing such training, taking into account the preferences and circumstances of specific regions of the Commonwealth, and allowing for the accommodation of such preferences and circumstances. 

(g) Every person who receives an appointment as a harbormaster 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, approved by the council, and offered at a time to be determined by the appointing authority.  Every person receiving an appointment under this section shall further attend, at such intervals and for such periods as determined by the council, a prescribed course of study for harbormasters approved by the council for in-service training.  Upon petition to the council by the appointing authority, a person appointed as a 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, in whole or in part, from the provisions of this section prior to exercising harbormaster powers, while that person is awaiting training.

Failure of the appointed person to comply, within 2 years from the date of appointment, with the provisions of this section requiring an initial course of study in a timely manner shall result in that person’s removal by the appointing authority, provided that said person is not awaiting funding and scheduling of a harbormaster academy.  Failure of an appointed individual to satisfactorily complete the in-service prescribed course of study in a timely manner may result in removal by the appointing authority. 

(h) Persons holding a full-time or permanent part-time position as a harbormaster before the effective date of this act shall be exempt from the initial training requirement.  Further, this section shall not apply to seasonal employees as appointed by the harbormaster from time to time.

Section 3.  Section 19 of Chapter 102 of the general laws, as appearing in the 2004 official edition shall be further amended by inserting at the end thereof the following new section:-

Section 19 ½.   Harbormasters Training Fund

(a)                Monies received by the commonwealth from any and all sources pertaining to harbormaster training from training fees paid by municipalities, training fees paid by individual, any sums received by the commonwealth from the federal government as grants and appropriations, state grants and appropriations, and private contributions and gifts, shall be credited on the books of the commonwealth to a fund to be known as the Harbormaster Training Fund.  Said fund shall only be used as follows:-

1.      For payment of general administrative expenses of the Harbormaster Training Council, provided that such expenses shall not exceed 25% of the total expenditures in any fiscal year are spent on administrative expenditures, and, provided further, that expenditures may be made for the compensation of a staff person as such services are deemed necessary by the council. 

2.      For the procurement and funding of harbormaster training by the council and/or its designees.

(b)               The state treasurer shall receive and deposit all revenues transmitted to him under provisions of section 19 ½ (a) in such a manner that will ensure the highest rate of interest available consistent with the safety of the Harbormaster Training Fund, and all interest accrued shall be deposited into the Harbormaster Training Fund.