Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 7 of chapter 2 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The provisions of this section shall be enforced by all officers in the division of law enforcement in the department of fisheries, wildlife and environmental law enforcement.

SECTION 2. Section twelve of chapter sixteen of the General Laws is hereby repealed.

SECTION 3. Section 5 of chapter 21 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The division of marine fisheries shall be within the department of fisheries, wildlife and environmental law enforcement in the executive office of environmental affairs and shall be under the administrative supervision of a director who shall be called the director of marine fisheries.

SECTION 4. Said chapter 21 is hereby amended by striking out section 6, as so appearing, and inserting in place thereof the following section:-

Section 6. The division of law enforcement shall be within the department of fisheries, wildlife and environmental law enforcement in the executive office of environmental affairs and shall be under the administrative supervision of a director who shall be called the director of law enforcement. The director shall be qualified by training, experience and executive ability and shall not be subject to the provisions of chapter thirty-one. The commissioner of the department of fisheries, wildlife and environmental law enforcement shall appoint said director and may remove him with the approval of the secretary. Said director shall appoint and may remove with the approval of the commissioner such deputy directors of enforcement and chiefs of enforcement as may be necessary to carry out the duties of the division; provided, however, that the chief of enforcement of the boating and recreation vehicle safety enforcement bureau shall be appointed and may be removed by the director with the approval of the boating and recreational vehicle safety advisory board established pursuant to section eleven of chapter twenty-one A. Such positions shall not be subject to the provisions of chapter thirty-one. The deputy directors of enforcement, assisted by law enforcement coordinators, shall perform such enforcement and administrative duties as assigned by the director.

The director may with the approval of the commissioner designate employees of the commonwealth and the United States as deputy environmental police officers.

The director is authorized to promulgate rules and regulations necessary for implementation of sections six to six E, inclusive, provided, however, that no rule or regulation promulgated under the provisions of this section shall take effect before the thirtieth day next following the date on which a copy of such rule or regulation has been filed with the joint committee on natural resources and agriculture.

SECTION 5. The second paragraph of section 6A of said chapter 21, as so appearing, is hereby amended by striking out, in line 9, the word "field" and inserting in place thereof the words:- environmental police.

SECTION 6. Said chapter 21 is hereby further amended by striking out section 6B, as so appearing, and inserting in place thereof the following section:-

Section 6B. The secretary, undersecretary, commissioner, his assistants, director, deputy directors of enforcement, chiefs of enforcement and all deputy chiefs of enforcement, law enforcement coordinators, and the wardens, as defined in section one of chapter one hundred and thirty-one, and all environmental police officers and deputy environmental police officers shall have and exercise throughout the commonwealth, subject to such rules and regulations as the director, with the approval of the commissioner, may from time to time adopt, all the authority of police officers and constables, except the service of civil process. Such rules and regulations shall be filed with the state secretary in accordance with section thirty-seven of chapter thirty. The director may authorize in writing any such deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, and any environmental police officer to have in their possession and carry a firearm, revolver, club, billy, handcuffs, twisters, or any other weapon or article required in the performance of official duty.

SECTION 7. Said chapter 21 is hereby further amended by striking out section 6C, as so appearing, and inserting in place thereof the following section:-

Section 6C. Each deputy director of enforcement, chief of enforcement, deputy chief of enforcement, warden, environmental police officer or deputy environmental police officer, when on duty and in uniform shall wear on his outer clothing or otherwise display a metallic badge bearing the seal of the commonwealth and appropriate words to identify his position, together with a number to be assigned by the director.

The director may, with the approval of the commissioner of the department of fisheries, wildlife and environmental law enforcement, prescribe by rules and regulations a standard form of uniform to be worn by such personnel. Such badge or uniform or any distinctive part thereof so prescribed shall be worn only by such personnel entitled thereto under said rules and regulations.

Whoever violates this section by wearing such badge or uniform without authority or by impersonating an officer authorized to wear such badge or uniform shall be punished by a fine of not less than ten or more than one hundred dollars.

SECTION 8. Said chapter 21 is hereby further amended by striking out section 6D, as so appearing, and inserting in place thereof the following section:-

Section 6D. The secretary, commissioner, his assistants, director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers, may in the performance of their duties enter upon; and pass through or over private property or lands whether or not covered by water, and may keep or dispose of sick, dead, injured, or helpless fish, birds or mammals, that may come into their possession subject to such rules and regulations as said director, with the approval of said commissioner, is hereby authorized to adopt.

SECTION 9. Section 6E of said chapter 21, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Notwithstanding the provisions of chapter one hundred and forty-nine or of any other general or special law to the contrary, the director, with the approval of the commissioner, shall make rules and regulations governing the tours of duty and hours of work for the deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement and environmental police officers.

SECTION 10. Section 6F of said chapter 21, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "his assistants and any natural resource officer" and inserting in place thereof the words:- deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement and any environmental police officers.

SECTION 10A. Said section 6F of said chapter 21, as so appearing, is hereby further amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

The director with the approval of the commissioner of the department of fisheries, wildlife and environmental law enforcement shall adopt rules and regulations consistent with the provisions of this chapter and shall file said regulations in accordance with the provisions of section thirty-seven of chapter thirty.

SECTION 11. Section 7 of said chapter 21, as so appearing, is hereby amended by striking out, in line 2, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 12. Said chapter 21 is hereby further amended by striking out section 7C, as so appearing, and inserting in place thereof the following section:-

Section 7C. No board member shall hold any other position in the department of fisheries, wildlife and environmental law enforcement while serving as such, nor for a period of one year thereafter.

SECTION 13. Section 17A of said chapter 21, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be in the department of fisheries, wildlife and environmental law enforcement a board to be known as the public access board composed of the director of the division of fisheries and wildlife, the director of the division of law enforcement, the director of the division of marine fisheries, the director of the division of forests and parks and the deputy chief engineer of the division of waterways or their respective designees and the chairmanship of said board shall rotate annually among said members.

SECTION 14. Section 7 of chapter 21A of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 14A. Section 7 of said chapter 21A, as so appearing, is hereby amended by striking out, in line 20, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 15. Section 8 of said chapter 21A, as so appearing, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

The department of fisheries, wildlife and environmental law enforcement shall include the fisheries, wildlife and environmental law enforcement advisory board, division of fisheries and wildlife, fisheries and wildlife board, division of law enforcement, boating and recreational vehicle safety advisory board, public access board, division of marine fisheries and the marine fisheries advisory commission. The transfer of the said divisions to the department of fisheries, wildlife and environmental law enforcement shall not operate to limit the function of said divisions nor the provisions of chapters twenty-one and one hundred and thirty-one affecting said division.

SECTION 16. Said section 8 of said chapter 21A, as so appearing, is hereby further amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

There shall be within the department of fisheries, wildlife and environmental law enforcement an advisory board to be known as the fisheries, wildlife and environmental law enforcement advisory board. Said board shall consist of two members of the fisheries and wildlife board, one member of the nongame advisory committee, three members of the marine fisheries advisory commission and three members of the boating and recreational vehicles safety advisory board, of which at least one member shall represent boating interests. The fisheries and wildlife board, the nongame advisory committee, the marine fisheries advisory commission and the boating and recreational vehicles safety advisory board shall each appoint from its own members by majority vote the persons on said board representative of such board, committee or commission. Each member appointed to the advisory board will serve for a term of three years and may be reappointed for similar terms. The advisory board shall advise the commissioner on matters relevant to the affairs of the department, shall meet at least quarterly and at the request of the commissioner. The members of the advisory board shall receive no compensation but shall be reimbursed by the department for expenses necessary to the performance of their duties.

SECTION 17. The sixth paragraph of said section 8 of said chapter 21A, as so appearing, is hereby amended by striking out the first sentence.

SECTION 18. Section 8A of said chapter 21A, as so appearing, is hereby amended by striking out, in line 9, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 19. Said chapter 21A is hereby further amended by striking out section 11, as so appearing, and inserting in place thereof the following section:-

Section 11. There is hereby established within the division of law enforcement an advisory board to be designated as the boating and recreational vehicle safety advisory board. Said board shall consist of seven members to be appointed by the governor, one such member shall be representative of the boating public and hold a certificate relative to boating registration, one such member shall represent the commercial boating business; one such member shall represent the snowmobiling public and hold such a recreational vehicle registration, one such member shall represent the commercial snowmobile industry; one member shall represent the trail bike industry, and one member shall represent the trail associations. Each member shall serve for a term of three years. The chairman of said board shall be appointed annually by the governor. Board members shall be appointed or reappointed for terms of three years.

The boating and recreational vehicle safety advisory board shall meet at least quarterly and a majority of members shall constitute a quorum. The chiefs of enforcement of the coastal enforcement bureau and the inland enforcement bureau established under section six of chapter twenty-one, or their designees, shall attend all meetings of said board and shall provide such information as said board shall request.

Said board shall review the budgetary recommendations of the director and the secretary of the executive office of environmental affairs concerning the expenditure of federal funds allocated to the division for recreational boating safety each fiscal year prior to the submission of such recommendations to the secretary or the governor, as the case may be. In the event said board disapproves of any such recommendation it may file a report noting its objection and such report shall be transmitted to the governor and to the house and senate committees on ways and means.

SECTION 19A. Section 14 of chapter 21C of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words, "natural resources" and inserting in place thereof the words:- environmental police.

SECTION 19B. Clause (41) of section 5 of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out, in line 394, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 20. Section 96B of chapter 41 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 20A. Said section 96B of said chapter 41, as so appearing, is hereby further amended by striking out, in line 19, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 21. Section 1 of chapter 90B of the General Laws, as so appearing, is hereby amended by striking out the definitions of "Director" and "Division" and inserting in place thereof the following four definitions:-

"Commissioner", - the commissioner of the department of fisheries, wildlife and environmental law enforcement.

"Department", - the department of fisheries, wildlife and environmental law enforcement of the executive office of environmental affairs.

"Director", - the director of the division of law enforcement of the department of fisheries, wildlife and environmental law enforcement.

"Division", - the division of law enforcement of the department of fisheries, wildlife and environmental law enforcement.

SECTION 22. Section 4A of said chapter 90B, as so appearing, is hereby amended by striking out, in line 5 and line 13, in each instance, the word "motorboats" and inserting in place thereof in each instance the words:- law enforcement.

SECTION 23. Section 12 of said chapter 90B, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The provisions of this chapter and all rules and regulations made under the authority thereof shall be enforced by the director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers of the division of law enforcement, department of fisheries, wildlife and environmental law enforcement, by harbor masters and assistant harbor masters, by police officers assigned to harbor patrol, by fish and game wardens, by members of the state police, and by city, town and metropolitan district commission police officers assigned to patrol the waters of the commonwealth.

SECTION 24. Section 20 of said chapter 90B, as so appearing, is hereby amended by striking out the definition of "Law enforcement officer" and inserting in place thereof the following definition:-

"Law enforcement officer", the director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers of the division of law enforcement, department of fisheries, wildlife and environmental law enforcement, registrar or his authorized agents, police officers, fish and game wardens, members of the state police and city, town and metropolitan district commission police officers or employees of the commonwealth having police powers on public lands.

SECTION 25. Section 30 of said chapter 90B, as so appearing, is hereby amended by striking out, in line 7, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 26. Section 32 of said chapter 90B, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The provisions of sections twenty-one to thirty-four, inclusive, and of all the rules and regulations made under the authority thereof shall be enforced by the commissioner, his assistants, the director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers of the department of fisheries, wildlife and environmental law enforcement, wardens as defined in section one of chapter one hundred and thirty-one, police officers, members of the state police and by city, town and metropolitan district commission police officers.

SECTION 27. Section 1 of chapter 130 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Commissioner" and inserting in place thereof the following definition:-

"Commissioner", the commissioner of the department of fisheries, wildlife and environmental law enforcement.

SECTION 27A. Said section 1 of said chapter 130, as so appearing, is hereby further amended by striking out the definition of "Department" and inserting in place thereof the following definition:-

"Department", the department of fisheries, wildlife and environmental law enforcement of the executive office of environmental affairs.

SECTION 28. Said chapter 130 is hereby further amended by striking out section 8A, as so appearing, and inserting in place thereof the following section:-

Section 8A. In a city or town bordering on coastal waters, a police officer employed on a full time, provisional or reserve basis shall, for the enforcement of sections thirty-one, thirty-seven, thirty-eight, thirty-eight A, thirty-nine, forty-one, forty-one A, forty-three and forty-four, have the authority granted to an environmental police officer, subject to such rules and regulations as the director with the approval of the commissioner are hereby authorized to adopt.

SECTION 29. Section 9 of said chapter 130, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "his assistants, a natural resource officer or deputy:" and inserting in place thereof the words:- the deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement and all environmental police officers and deputy environmental police officers.

SECTION 30. Section 13 of said chapter 130, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "his assistants, a natural resource officer or deputy" and inserting in place thereof the words:- the deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement and all environmental police officers and deputy environmental police officers.

SECTION 31. Section 15A of said chapter 130, as so appearing, is hereby amended by striking out, in line 10, the words "natural resource officers, deputy natural resource officers" and inserting in place thereof the words:- environmental police officers of the division of law enforcement including deputy environmental police officers.

SECTION 32. Section 39 of said chapter 130, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words "his assistants, a natural resource officer or deputy" and inserting in place thereof the words:- deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers.

SECTION 33. Section 76 of said chapter 130, as so appearing, is hereby amended by striking out, in line 2, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 34. The definition of "Commissioner" in section 1 of chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in lines 18 and 19, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 34A. The definition of "Department" in said section 1 of said chapter 131, as so appearing, is hereby further amended by striking out, in lines 22 and 23, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 34B. The definition of "Deputy" in said section 1 of said chapter 131, as so appearing, is hereby further amended by striking out, in line 24, the words "natural resource" and inserting in place thereof the words:- environmental police.

SECTION 34C. Said section 1 of chapter 131, as so appearing, is hereby further amended by striking out the definition of "Natural resource officer".

SECTION 34D. Said section 1 of said chapter 131, as so appearing, is hereby further amended by inserting after the definition of "Division" the following definition:-

"Environmental police officer", an enforcement officer appointed under the authority of section six of chapter twenty-one.

SECTION 35. Clause (14) of section 4 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 127 and 128, the words "natural resource" and inserting in place thereof the words:- environmental police.

SECTION 36. Section 12 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 37. Section 14 of chapter 131, as so appearing, is hereby amended by striking out, in line 25, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 38. Section 20 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 13, 25, 29 and 33, the words "natural resource" and inserting in place thereof in each instance the words:- environmental police.

SECTION 39. Section 25 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 34 and 35, the words "his assistants, and natural resource" and inserting in place thereof the words:- his deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement and environmental police.

SECTION 40. Section 26A of said chapter 131, as so appearing, is hereby amended by striking out, in lines 13 and 14, the words "his assistants, natural resource" and inserting in place thereof the words:- deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, and environmental police.

SECTION 41. Section 27 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 31 and 32, the words "his assistants and natural resource" and inserting in place thereof the words:- deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement and environmental police.

SECTION 42. Section 32 of said chapter 131, as so appearing, is hereby amended by striking out, in line 7, the words "his assistants, natural resource" and inserting in place thereof the words:- deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers, deputy environmental police.

SECTION 43. Section 37 of said chapter 131, as so appearing, is hereby amended by striking out, in line 17, the words "natural resource" and inserting in place thereof the words:- environmental police.

SECTION 44. Section 40 of said chapter 131, as so appearing, is hereby amended by striking out, in line 280, the words "natural resource officers, deputy natural resources" and inserting in place thereof the words:- environmental police officers, deputy environmental police.

SECTION 45. Section 40A of said chapter 131, as so appearing, is hereby amended by striking out, in line 139, the word "game" and inserting in place thereof the word:- wildlife.

SECTION 46. Section 45 of said chapter 131, as so appearing, is hereby amended by striking out, in line 55, the words "marine and recreational vehicles" and inserting in place thereof the words:- law enforcement.

SECTION 47. Section 59 of said chapter 131, as so appearing, is hereby amended by striking out, in line 11, the words "assistants, natural resource officers, deputies" and inserting in place thereof the words:- deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers, deputy environmental police officers.

SECTION 48. Section 63 of said chapter 131, as so appearing, is hereby amended by striking out, in line 2, the words "assistants, natural resource officers, a deputy" and inserting in place thereof the words:- deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers, deputy environmental police officers.

SECTION 49. Section 82 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 13 and 18, the words "assistants, natural resource" and inserting in place thereof, in each instance, the words:- deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police.

SECTION 50. Section 87 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "assistants, natural resource officers, deputies" and inserting in place thereof the words:- deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers.

SECTION 51. Section 88 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "assistants, natural resource officers, deputies" and inserting in place thereof the words:- deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers.

SECTION 52. Section 89 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words "assistants, natural resource" and inserting in place thereof the words:- deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police.

SECTION 53. Section 131H of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

The director of law enforcement of the department of fisheries, wildlife and environmental law enforcement, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers, wardens as defined in section one of chapter one hundred and thirty-one, members of the state police, members of the metropolitan district commission police in areas over which they have jurisdiction, and all officers qualified to serve criminal process shall arrest, without a warrant, any person found with a firearm, rifle or shotgun in his possession if they have reason to believe that he is an alien and if he does not have in his possession a valid permit as provided in this section.

SECTION 54. The definition of "Life stock or fowls" in section 136A of said chapter 140, as so appearing, is hereby amended by striking out, in line 27, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 55. Section 161A of said chapter 140, as so appearing, is hereby amended by striking out, in line 8, the words "recreational vehicles" and inserting in place thereof the words:- environmental law enforcement.

SECTION 56. Section 30C of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words "natural resource" and inserting in place thereof the words:- environmental police.

SECTION 56A. With the approval of the commissioner of the department of fisheries, wildlife and environmental law enforcement, the director of law enforcement shall appoint, subject to the provisions of chapter thirty-one of the General Laws, such deputy bureau chiefs, enforcement officers and administrative and clerical personnel as may be necessary to carry out the duties of the division. There is hereby established within the division of law enforcement the following branches, bureaus, sections, and units:

The administration and enforcement branch which shall include, but not be limited to, the boating and recreational vehicle safety enforcement bureau and the hunter safety enforcement bureau, each bureau to be administered by a chief of enforcement, and an administration and registration section, such section to be administered by a deputy chief of administration. The deputy director of the administration and enforcement branch shall exercise jurisdiction and control over the bureaus and sections thereunder. Each chief of enforcement shall perform such duties as the deputy director of administration and enforcement branch with the approval of the director may require in addition to such other duties as may be required by law. The deputy chief for the administration and registration section shall be appointed and removed by the director with the approval of the boating and recreational vehicle safety advisory board.

The law enforcement branch shall include, but not be limited to, the coastal enforcement bureau and the inland enforcement bureau, each bureau to be administered by a chief of enforcement. The coastal enforcement bureau shall include, but not be limited to, the coastal north section, the coastal south section, and the coastal boat section, each section to be administered by a deputy chief of enforcement. The inland enforcement bureau shall include, but not be limited to, the inland west section, the inland central section and the inland eastern section, each section to be administered by a deputy chief of enforcement. There shall be within the inland enforcement bureau a hazardous waste unit under the control of the inland chief of enforcement. The deputy director of the law enforcement branch shall exercise jurisdiction and control over the bureaus and units thereunder. Each chief of enforcement shall perform such duties as the deputy director of the law enforcement branch with the approval of the director may require in addition to such other duties as may be required by law.

Environmental enforcement officers appointed under the authority of this section shall be assigned to the inland enforcement bureau, the coastal enforcement bureau, the boating and recreational vehicle safety enforcement bureau, or the hunter safety enforcement bureau within the division, and may be reassigned as required. Officers appointed under this section shall be known as environmental police officers.

Only employees of the division who have and exercise the authority of police officers and constables under section six B of chapter twenty-one of the General Laws, except deputy environmental police officers, shall be classified in Group 4 under paragraph (g) of subdivision (1) of section three of chapter thirty-two of the General Laws.

SECTION 56B. All powers, duties and other statutory provisions which prior to the effective date of this act were assigned to, or exercised by the division of marine and recreational vehicles of the department of fisheries, wildlife and recreational vehicles, are hereby transferred to the division of law enforcement of the department of fisheries, wildlife and environmental law enforcement, except as such powers, duties or other statutory provisions are modified by the provisions of this act.

SECTION 57. All petitions, hearings and other proceedings duly brought before, and all prosecutions and legal and other proceedings duly begun by the division of marine and recreational vehicles or any official or agency thereof, the powers and duties of which are transferred to the division of law enforcement by the provisions of this act, and which arise from or relate to the exercise of such powers or the performance of such duties, and which are pending immediately prior to the effective date of this act, shall continue unabated and remain in force notwithstanding the passage of this act, and shall thereafter be completed before or by the appropriate bureau or administrative unit of the division of law enforcement.

All orders, rules and regulations duly made, and all licenses, permits, certificates and approvals duly granted by the division of marine and recreational vehicles or by any official or agent thereof, the powers and duties of which are transferred to the division of law enforcement by the provisions of this act, which arise from or relate to the exercise of such powers or the performance of such duties, and which are in force immediately prior to the effective date of this act, shall continue in force and the provisions thereof shall thereafter be enforced, until superseded, revised, rescinded or cancelled in accordance with law, by the appropriate bureau or administrative unit of the division of law enforcement.

All questions regarding the identification of such petitions, hearings, proceedings, prosecutions, orders, rules, regulations, licenses, permits, certificates and approvals, and of the bureaus or administrative units of the division of law enforcement to which the completion or enforcement thereof is so transferred, shall be determined by the commissioner of the department of fisheries, wildlife and environmental law enforcement.

SECTION 58. All books, papers, records, documents, equipment, land, interest in land, buildings, facilities and other property both personal and real, which immediately prior to the effective date of this act are in the custody or maintained by the division of marine and recreational vehicles, the powers and duties of which are transferred to the division of law enforcement by the provisions of this act, and which relate to or are maintained for the purpose of the exercise of said powers or the performance of such duties of said division are hereby transferred to the appropriate bureau or administrative unit of the division of law enforcement. All questions regarding the identification of such books, papers, records, documents, equipment, lands, interest in land, buildings, facilities and other property and of the offices, bureaus, sections or other administrative units to which they are so transferred shall be determined by the commissioner of the department of fisheries, wildlife and environmental law enforcement.

SECTION 59. All monies heretofore appropriated for the division of marine and recreational vehicles and remaining unexpended on the effective date of this act are hereby transferred to and shall be available for expenditure by the division of law enforcement and the offices, bureaus, sections and other administrative units established thereunder by this act for the purpose of the exercise of the powers and the performance of the duties for which such monies were appropriated. All questions regarding the identification of such monies and of the offices, bureaus, sections or administrative units to which they are so transferred shall be determined by the commissioner of the department of fisheries, wildlife, and environmental law enforcement.

SECTION 60. All duly existing contracts, leases and obligations of the division of marine and recreational vehicles which are in force immediately prior to the effective date of this act, shall be performed by the division of law enforcement and the bureaus, sections and other administrative units established thereunder by the provisions of this act in accordance with law. This provision shall not affect any renewal provision or option to renew contained in any such lease in existence on the effective date of this act. All questions regarding the identification of such contracts, leases and obligations and of the offices, bureaus, sections or administrative units to which the performance thereof is so transferred shall be determined by the commissioner of the department of fisheries, wildlife, and environmental law enforcement.

SECTION 61. All managerial, administrative, enforcement, and clerical employees on the effective date of this act who hold positions in the division of law enforcement of the department of fisheries, wildlife, and recreational vehicles shall as of the effective date of this act be reassigned to comparable positions in the reorganized division of law enforcement of the department of fisheries, wildlife, and environmental law enforcement, without interruption of service, without impairment of seniority, retirement, or other rights of the employee, and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reorganization.

The reorganization shall not impair the civil service status of any such reassigned employee who immediately prior to the effective date of this act either holds a permanent appointment in a position classified under chapter thirty-one of the General Laws or has tenure in a position by reason of section nine A of chapter thirty of the General Laws.

Any such reassigned employees who immediately prior to the effective date of this act hold provisional appointments to enforcement positions pursuant to chapter thirty-one of the General Laws shall be deemed to have all rights of permanent appointment to comparable enforcement positions under chapter thirty-one of the General Laws upon successful completion of a course of instruction conducted by the Massachusetts criminal justice training council and of a civil service qualifying examination of their training and experience. Any other such reassigned employees who immediately prior to the effective date of this act hold provisional appointments to their positions pursuant to chapter thirty-one of the General Laws shall be deemed to have all rights of permanent appointment to comparable positions under said chapter thirty-one upon successful completion of a civil service qualifying examination of their training and experience.

SECTION 62. All managerial, administrative, enforcement, and clerical employees who immediately prior to the effective date of this act hold positions in the division of marine and recreational vehicles of the department of fisheries, wildlife, and recreational vehicles are, as of the effective date of this act, transferred to comparable positions in the reorganized division of law enforcement of the department of fisheries, wildlife, and environmental law enforcement, without interruption of service, without impairment of seniority, retirement, or other rights of employee, and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such transfer.

All such employees who are transferred to enforcement positions shall be deemed to have all rights of permanent appointment to comparable positions under chapter thirty-one of the General Laws upon successful completion of a course of instruction conducted by the Massachusetts criminal justice training council and of a civil service qualifying examination of their training and experience. All other such transferred employees shall be deemed to have all rights of permanent appointment to comparable positions under chapter thirty-one of the General Laws upon successful completion of a civil service qualifying examination of their training and experience.

SECTION 62A. The date which is used in computing in length of service for purposes of determining seniority of any employee who is granted rights of permanent appointment to a position because of the provisions of section sixty-one or sixty-two shall be the earliest date of continuous employment, which has not been interrupted by an absence from the payroll, other than an absence specified in clauses (1) and (2) of the first paragraph of section thirty-three of chapter thirty-one of the General Laws, in the division which employed such employee immediately prior to the effective date of this act. Such seniority date shall be used for all civil service purposes, including the grading of promotional examinations. Any employee who is eligible to be granted rights of permanent appointment to a position because of the provisions of said sections sixty-one and sixty-two but who fails to complete successfully any required qualifying examination or course of instruction may be continued by the director of the division of law enforcement in a position other than an enforcement position, but the provisions of the civil service law and rules shall not apply to such employee unless such requirement is successfully completed; provided, however, that the commissioner of the department of fisheries, wildlife and environmental law enforcement may permit such employee to retake such examination or course of instruction no more than once. No grant of rights of permanent appointment because of the provisions of said sections sixty-one and sixty-two shall have the effect of impairing the civil service status of any employee who had rights of permanent appointment to a position in the division of law enforcement prior to the effective date of this act.

Any employee who is reassigned or transferred under said section sixty-one or sixty-two to a comparable position may be provisionally promoted to a position with a higher classification under chapter thirty-one of the General Laws than such comparable position, pending the completion of the civil service examination and list certification process for each such promotion.

The positions to which employees are transferred or assigned pursuant to sections sixty-one or sixty-two shall be listed on a schedule of positions filed by the commissioner of the department of fisheries, wildlife, and environmental law enforcement with the personnel administrator and approved by the house and senate committees on ways and means; provided, however, that said schedule shall also list the titles of the positions held by said employees prior to the effective date of this act; and provided, further, that when the titles of said positions held by said employees prior to the effective date of this act are assigned to a comparable position in the division of law enforcement all of the positions within said titles shall be assigned to the same comparable position in said division.

All vacancies subject to the provisions of chapter thirty-one of the General Laws existing as of the effective date of this act and all vacancies subject to the provisions of said chapter thirty-one created after the effective date of this act in the division of law enforcement shall be filled on a provisional basis pending the certification of a list resulting from an examination conducted pursuant to the provisions of said chapter thirty-one. Notwithstanding any other provision of law to the contrary, employees who are eligible to be granted rights of permanent appointment because of the provisions of sections sixty-one and sixty-two shall as of the effective date of this act be eligible to take any promotional examination conducted pursuant to said chapter thirty-one for which they meet the examination requirements.

SECTION 62B. In the event that the initial appointee to the position of chief of enforcement of the boating and recreation vehicles safety enforcement bureau is removed, except for cause, pursuant to the provisions of section six of chapter twenty-one of the General Laws, such person shall be reassigned to another position within the division of law enforcement without interruption of service, impairment of seniority, retirement or other rights of the employee and without reduction in compensation or salary grade, notwithstanding any change in title or duties.

SECTION 63. The positions of director, deputy director, chief, and deputy chief shall be classified in accordance with section forty-five of chapter thirty of the General Laws and their salaries shall be determined in accordance with section forty-six C of said chapter thirty.

SECTION 64. Wherever in the General Laws or in special laws reference is made to the enforcement thereof, of wardens, coastal wardens, conservation officers, natural resource officers, or deputies, said reference shall mean the director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers, and deputy environmental police officers appointed under the provisions of section six of chapter twenty-one of the General Laws.

SECTION 64A. On the effective date of this act a member appointed to the marine and recreational vehicles advisory board pursuant to section eleven of chapter twenty-one of the General Laws whose term has not expired shall be transferred to the boating and recreational vehicle safety advisory board established by section nineteen of this act and shall serve the remainder of such term. Such transfer shall be considered an appointment under the provisions of said section nineteen.

SECTION 65. This act shall take effect as of July first, nineteen hundred and eighty-five.