 | MMTA ENews Brief: June 30, 2005 MMTA LEGISLATIVE ALERT: MARINAS & BOATYARDS |
| MMTA ENews Brief: June 30, 2005 MMTA LEGISLATIVE ALERT: MARINAS & BOATYARDS |
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On MONDAY, July 11 at 1PM in Room A1 at the State House in Boston the Legislature's Joint Committee on Environment, Natural Resources and Agriculture will hold a PUBLIC HEARING on House Bill 1399 designed to deal with the problem of Abandoned Vessels in the Commonwealth. MMTA has worked closely with Rep Anthony Verga of Gloucester and each of the Bill Sponsors to advance HB 1399. Passage of House Bill 1399 on Abandoned Vessels will make it possible for you to affordably and quickly dispose of or sell derelict and abandoned vessels on your property. Abandoned Vessels on land occupy valuable space and also represent a potential environmental liability. MMTA has participated in the drafting of this legislation and is VERY FORTUNATE that HB 1399 has already been scheduled for hearing. A Copy of the Bill Text may be found at the end of this message. We ask that Marina and Boatyard owners and personnel to TURN OUT IN PERSON for this important State House Hearing. PLEASE HELP US MOVE BILL FAVORABLY OUT OF COMMITTEE BY:
Please reply to Leona.Roach@boatMA.com today or complete the information below and fax to 781.846.0207 to let us know if you will stand up for this Legislation in person. If you have any questions or need more information please call MMTA Executive Director Leona Roach @ 781.826.1570 or Public Affairs Director, Nathalie Grady @ 978.808.1408. FIRM NAME ___________________________________________ CONTACT PERSON ___________________________________________ PHONE/EMAIL/FAX:___________________________________________ _____ I WILL Attend the Hearing on Monday July 11 at 1PM _____ I WANT TO TESTIFY at the Hearing on Monday July 11 at 1PM _____ Please CONTACT ME about Testifying Or An Abandoned Vessel Experience WHAT: Public Hearing HB 1399 RE Abandoned Vessels WHERE: Massachusetts State House Boston, MA - ROOM A1 WHEN: MONDAY, July 11, 2005 at 1PM Below please find directions to the aforementioned hearing room. If you plan to testify at this hearing please arrive 15 minutes early and sign up outside the hearing room in order to do so. Please note that security lines to get into the State House can be long. Allow yourself enough time to get through them (an extra 15 minutes should do it). The hearing process is formal but business casual attire is appropriate (slacks/skirt and collared shirt). Talking, food and beverages are not allowed within the hearing room. Your participation is greatly appreciated! Look for MMTA Staff and Board Members in the hearing room for more information. From the North Shore
HOUSE BILL 1399 SUMMARY An Act Relative to Abandoned Vessels (H.1399) will amend existing laws to allow marinas and boatyards, with reasonable judicial process, to obtain title to certain vessels abandoned on private property that have remain unclaimed, represent a potential environmental liability, and for which efforts to seek remedy from the owner have been unproductive. H. 1399 seeks to streamline the process for lien holders to legally dispose of or sell vessels that have been abandoned on private property and are delinquent on payment for storage and services rendered. Section 1: Permits filing legal proceedings in district court in addition to the existing superior court jurisdiction. Section 2: If a lien exists on a vessel and the criteria have been met for presuming title to be abandoned, the lien holder is not required to go to court before selling the vessel at a public auction or otherwise disposing of the vessel. A title is presumed abandoned if all three of the following criteria are met: (a) Certified mail notice was sent to any owner of record of the vessel, at the last known address, of the amount of the lien and proposed disposition or sale of the vessel;The lien holder must file a notarized affidavit of the above criteria being met, with copies or originals of the foregoing documents, with the marine title division of the department of environmental police before disposing of the vessel. If the lien holder holds a public auction, upon receipt of the affidavit and documents, the marine title division shall issue an abandonment of title document to the lien holder and, after the auction, new title to the purchaser at public auction. Any proceeds of sale in excess of any liens shall be placed in a commonwealth fund and held in the name of the former owner of record for 2 years, at which time the funds are available to the Commonwealth solely for removing vessels presumed abandoned from the public waterways. HOUSE BILL 1399 TEXT PETITION -- HOUSE CHIEF SPONSOR: Representative VERGA OF GLOUCESTER 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 passage of the accompanying bill or resolve. PETITIONERS: LEGISLATOR/CITIZEN - DISTRICT
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 l7 of chapter 255 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the words district court", in line 4, the following words:- in the superior court. SECTION 2. The first paragraph of said section l7 of said chapter 255, as so appearing, is hereby amended by adding the following sentence:- Notwithstanding any general or special law to the contrary, no such civil action shall be necessary for a lienholder to sell at public auction or dispose of a vessel on which a lien exists pursuant to section 14 of 14A and on which title is presumed to have been abandoned. Title shall be presumed to have been abandoned if: (a) any owner of record of the vessel was sent certified mail at the last known address notice of the amount of the lien and any proposed disposition or sale of the vessel; (b) legal notice of the lien and proposed disposition or sale was published in a newspaper of general circulation in the city or town of any owner of record's last known address; and (c) at least 30 days passed form the last such newspaper publication date and no response or reply was received indicating an ability to satisfy the debt to the lienholder within 30 days of the sate of the response or reply.Upon filing with the marine title division of the department of environmental police, or any successor agency, a notarized affidavit stating no reply and legible copies or originals of foregoing documents, the lienholder may dispose of the vessel. If the lienholder of a vessel presumed to have been abandoned elects to hold a public auction of the vessel, upon receipt of the aforementioned notarized affidavit and legible copies or originals of the foregoing documents, the marine title division or any successor agency thereto, shall issue an abandonment of title document to the lienholder and, subsequently new title documents to the purchaser of the vessel at public auction. If a lienholder of vessel on which title may be presumed to have been abandoned, any proceeds of sale in excess of any liens thereon shall be placed in a commonwealth fund and held in the name of the former owner of record for 2 years, at which time the funds shall become available to the commonwealth to be used solely for the purpose of removing vessels on which title may be presumed to have been abandoned from the public waterways.
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