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 is hereby amended by inserting after section 116C the following section:-
Section 116D. There shall be a harbormaster training council within the executive office of public safety. The council shall consist of 11 members, 1 of whom shall be a member of the state police marine unit with knowledge of marine law enforcement and operations who shall be appointed by the colonel of state police; 1 of whom shall be a representative of the environmental police with knowledge of marine law enforcement and operations who shall be appointed by the secretary of energy and environmental affairs; 1 of whom shall be an employee of the executive office of public safety who shall be appointed by the secretary of public safety to 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, 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 2-year terms and their successors shall be appointed in like manner. Members of the council shall serve without compensation.
The council shall set policies and standards for training harbormasters and assistant harbormasters in accordance with applicable laws and regulations including sections 19 to 21, inclusive, of chapter 102.
The expenses of the council shall be funded solely from the Harbormaster Training Trust Fund established in section 35II of chapter 10.
SECTION 2. Chapter 10 of the General Laws is hereby amended by inserting after section 35JJ, inserted by section 13 of chapter 223 of the acts of 2008, the following section:-
Section 35KK. (a) There shall be established a Harbormaster Training Trust Fund, into which shall be deposited monies received by the commonwealth from all sources pertaining to harbormaster training from training fees paid by municipalities, training fees paid by individuals, sums received by the commonwealth from the federal government as grants and appropriations, state grants and appropriations and private contributions and gifts. The fund shall only be used as follows:
(1) for payment of general administrative expenses of the harbormaster training council established in section 116D of chapter 6, but such expenses shall not exceed 25 per cent of the total expenditures in a fiscal year which are spent on administrative expenditures; provided, however, that expenditures may be made for the compensation of a staff person as those services are deemed necessary by the council; and
(2) for the procurement and funding of harbormaster training by the council or its designees.
(b) The state treasurer shall receive and deposit all revenues transmitted to him under subsection (a) in a manner that will ensure the highest rate of interest available consistent with the safety of the Harbormaster Training Trust Fund and all interest accrued shall be deposited into the fund. Any unexpended balance in the fund at the end of a fiscal year shall not revert and shall be available for expenditures in the subsequent fiscal year. No expenditure from the fund shall cause the fund to be in a deficiency at the close of a 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 assistant 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 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 assistant harbormaster 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 assistant 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 19A of chapter 102 of the General Laws.
Approved December 23, 2008