SENATE DOCKET, NO. 2468        FILED ON: 6/13/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2287

The Commonwealth of Massachusetts

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PRESENTED BY:

Mark C. Montigny

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to preserve the Schooner Ernestina-Morrissey.

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PETITION OF:

SENATE DOCKET, NO. 2468        FILED ON: 6/13/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2287

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to preserve the Schooner Ernestina-Morrissey.

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. Chapter 6 of the General Laws, as so appearing in the 2016 Official Edition, is hereby amended by striking sections 182A through 182C in their entirety and inserting in place thereof the following three sections:-

Section 182A. Schooner Ernestina-Morrissey advisory board. There shall be an advisory board to be known as the Schooner Ernestina-Morrissey advisory board, to consist of nine persons to be appointed by the governor, one of whom shall be the commissioner of the department of conservation and recreation or his designee, one of whom shall be the president of the Massachusetts Maritime Academy or his designee; one of whom shall be the director of the office of travel and tourism or his designee, one of whom shall be the commissioner of the department of education or his designee, one of whom shall be a resident of New Bedford, one of whom shall be a member of the Schooner Ernestina-Morrissey Association, Inc. or its successor organization, the three remaining persons shall be any person whose expertise would be an asset to the advisory board and the Schooner Ernestina-Morrissey or have particular expertise in the Cape Verdean history as it relates to said schooner, or history of said ship as the Effie M. Morrissey. Of the initial appointment, three shall be for a term of one year, three shall be for a term of two years and three shall be for a term of three years. Thereafter, all appointments shall be for terms of three years. Said advisory board shall annually thereafter elect from among its members a chairman and a vice-chairman. The members of said advisory board shall serve without compensation. Said advisory board shall meet not less than biannually and shall additionally meet upon the request of the Massachusetts Maritime Academy to advise said academy on matters pertaining to the vessel. It is the responsibility of the Massachusetts Maritime Academy to establish all policies relative to the operation of the vessel.

Section 182B. Powers and duties in maintaining the Schooner Ernestina-Morrissey. The Massachusetts Maritime Academy is hereby authorized and empowered:-

(a) to hold, administer, operate, preserve and maintain said vessel for educational and training purposes. Said vessel shall serve as the official vessel of the commonwealth and it may participate in tourism activities in cooperation with the advisory commission on vacation travel;

(b) to authorize the vessel to ply the oceans, seas, and all navigable waters and to fly the flag of the commonwealth; provided, however, that said vessel shall not be used for commercial fishing;

(c) to charge fees or tuition to students, trainees, sailing cadets or others who are carried on voyages or trips for educational or training purposes;

(d) to charge fees to passengers for excursions and tours;

(e) to develop educational programs, including exhibitions and dockside tours of the vessel and to charge and receive admission fees from the public for the provisions of such services;

(f) to retain and expend any fees, tuitions and revenues received under the provisions of clauses (c), (d) and (e) to ensure the continued operation, preservation, and maintenance of the Schooner Ernestina-Morrissey. All monies retained and expended shall be reported to the secretary of administration and finance and the house and senate committees on ways and means;

(g) to receive and expend from both municipal and federal agencies, as well as private foundations, grants to support the operations, preservation and maintenance of said vessel and to receive and accept contributions from any source of either money, property, labor or other things of value, to be used for the purposes for which said grants and contributions may be made;

(h) and to hire, as needed, professional staff to assist with the operation of the vessel;

Section 182C. Schooner Ernestina-Morrissey home berth; permitted travels. The Massachusetts Maritime Academy shall ensure that operational and managerial responsibilities authorized and empowered to the academy herein follow state policies. The home berth of said vessel shall be in the port of the city of New Bedford and displayed as such on the vessel.  Said vessel shall be berthed in the city of New Bedford for an aggregate of not less than 90 days per calendar year on a 3-year rolling average and at no cost to the Academy; provided, however, that said vessel may be berthed from time to time at various locations in the Commonwealth, including the academy’s campus in Buzzards Bay, and abroad, as determined by the academy with the advice of the advisory board.

SECTION 2. Massachusetts Maritime Academy shall, upon accepting delivery of the Schooner Ernestina-Morrissey, incorporate the operation of said vessel as a sail training ship into its curriculum for a period not less than 15 years provided the continued support of the Commonwealth. Said academy shall collaborate with the advisory board, city of New Bedford, Cape Verdean Association in New Bedford, Inc., and other interested stakeholders to ensure the vessel is made available to local public school children and residents of New Bedford at no cost during cultural events and education programs when said vessel is not actively deployed as a sail training ship to learn the history of said vessel and concepts of seamanship and marine technology.

SECTION 3. Notwithstanding any general or special law to the contrary, all duly existing contracts, approvals, permits and obligations of the department of conservation and recreation pertaining to the Schooner Ernestina-Morrissey shall continue in effect but shall be assumed by the Massachusetts Maritime Academy; provided that, the department may fund and complete existing contracts for the restoration of the Schooner Ernestina-Morrissey within present capital or trust authorizations for fiscal year 2019 that otherwise would have been available before the effective date of this act to support the Schooner Ernestina-Morrissey. No existing right or remedy of any character shall be lost, impaired or affected by this act.

SECTION 4. Notwithstanding any general or special law to the contrary, all sums held pursuant to clauses (c), (d), (e), (f) and (g) of section 182B of chapter 6 as of the effective date of this act shall remain available to the department for restoration purposes under section 3. Until June 30, 2019 or at such time as the vessel has been fully restored and has been fully verified by the United States Coast Guard, the department may continue to accept gifts, grants or contributions for deposit in the Conservation Trust, established in section 1 of chapter 132A, and expend such funds for restoration purposes under section 3. Following the close of fiscal year 2019 or at such time as the vessel has been fully restored and has been fully verified by the United States Coast Guard, the amount of any funds identified in this section that remain unexpended by the department for such restoration purposes shall be certified by the department to the secretary of administration and finance. Following review and approval by the secretary, the secretary shall transfer the funds to the Massachusetts Maritime Academy, and the funds shall be held in trust and expended by the academy for the purposes of section 182B of chapter 6.