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MMTA ENews: April 25, 2006

LEGISLATIVE UPDATES


From the desk of Jamy Buchanan Madeja, Esq. MMTA Legal and Government Relations Counsel
Questions or comments? Contact Jamy Madeja at Buchanan & Associates,
617-227-8410 or jmadeja@buchananassociates.com



2007 Winter Boat Show & Gate Show Bill
House Bill 4493



Regarding the winter boat show, and the pending legislation to allow gate shows in the new Boston Convention & Exhibition Center (HB 4493), MMTA has been laser-focused and hard at work. Thank you all for contributing your time to the telephone and letter campaign.

At this time, we can inform you of the following statement approved by Senator Jack Hart: Senator Jack Hart remains engaged in a community process to evaluate the existing prohibition of gate shows at the Boston Convention & Exhibition Center. This language was included in the 1997 enabling legislation of the BCEC. Senator Hart is committed to working with the neighborhood to reach resolution of this contentious issue in the coming weeks. He is also fully cognizant of the economic importance of the Boat Show to the marine industry and understands that a conclusion is needed in the immediate future.



Preserving Outer Brewster & Boston Harbor Islands For Recreational Boating
House Bill 4500


MMTA joined many other organizations in opposing HB 4500, a bill to allow the world's largest Liquid Natural Gas storage facility to be built in your state and national park (Outer Brewster Island). MMTA was deeply concerned because all boaters in Boston Harbor would likely be banned forever in a 500-yard radius from the facility and periodically banned for a 3 mile area. Your rights to navigate the waters of the Commonwealth go back to the Colonial era. The least likely place to begin abridging them is in a state and national park created specifically for you to exercise these rights. Opposition testimony was given in person and in writing on March 8, 2006 by MMTA Board members Tom Cox, Ed Lofgren and Larry Russo and Greg Glavin and Jamy Madeja for MMTA.

We are most pleased that the offensive bill has been "placed in study" (a euphemism for "stopped in its tracks."). However, the proponents are certain to keep up their extensive campaign. MMTA and the many opponents will stay alert for any further actions. We also thank the members who wrote or called their local representatives in opposition to this bill. South Shore Representatives Garrett Bradley and Senator Bob Hedlund deserve your special thanks, as well, for exceptionally capable opposition.

Below is an excerpt from a message received by MMTA from Save the Harbor/Save the Bay, the lead advocate on the Outer Brewster Campaign.

Thanks from Outer Brewster.

On behalf of the Coalition, we want to take a moment to extend our deepest thanks to the dozens of organizations that make up our coalition, to the hundreds of individuals, advocates, activists, and community organizations who led the grassroots organizing efforts, to the thousands of people who signed our petitions or made phone calls, and the scores of elected officials who joined us in opposing HB 4500. We intend to continue our campaign to help decision makers and the public understand the impacts of the proposal to site the nation's largest LNG terminal and storage depot in the Boston Harbor Islands national park. Thanks again for your support of our efforts to protect Outer Brewster Island and the Boston Harbor Islands national park. We will be in touch.

For more information on Save the Harbor/Save the Bay and the Campaign to Preserve Outer Brewster, visit: http://www.savetheharbor.org



Opposing Boater Fees to Eradicate Invasive Species
House Bill 4760

For some time now, environmental organizations concerned about invasive species in the lakes and ponds of the Commonwealth have pushed for an ill-thought-out boater registration surcharge to pay for efforts to address this problem. Recently, we've learned MMTA succeeded in eliminating the new fee proposal, so the bills to address the problem move forward without these payment provisions (HB 4760).

While MMTA certainly supports controlling invasive species, the boater fee would have unfairly burdened only boaters with the cost of invasive species control when there are many more prevalent sources of environmental contamination such as kayaks and canoes. Saltwater vessels which don't carry inland invasive species would have also faced this fee. MMTA offered detailed opposition testimony against this fee and we are pleased to announce that as of March 16, 2006, the bill was advanced out of committee without the unfavorable fee sections (as HB 4760). Should this bill continue through the legislature to become law, it will task the Executive Office of Environmental Affairs with implementing a program to combat the invasive species problem. We will continue to watch for any unfair fee proposals.



The Patriot Act Requires Secure Management of Customer's Credit Information

MMTA member firms are struggling with the thorny and complex demands of the federal Patriot Act. Please consult legal counsel if you are unsure of the requirements for when and how you are required to obtain and secure customer financial and personal data.

One MMTA board member has reported substantial fines by federal banking and loan inspectors for "open files" containing personal credit information on a salesperson's busy workspace. Another recommends the following rule of thumb: "Credit applications, once taken, must be held in a secured file, and accessed only by authorized personnel". For example, this tip includes keeping phone notes of credit card information in a secured file only, not left at the desktop. Tidiness is not just a personal virtue with respect to customer credit information - it's the law!

If any of you have had personal credit fraud problems, you know what a nightmare the subsequent months and years can be. In discussing the above business requirements, several MMTA board members thought you might appreciate a few tips to safeguard your own credit record and protect against personal identity theft:

1. Sign the back of your credit cards with "ASK FOR ID" instead of your signature, to increase the chances that someone who steals your wallet will be unable to use your credit cards unless they look like you physically; cancel the cards as soon as you know they have been stolen. Most companies will send replacement cards overnight mail anywhere in the world.

2. Always keep a record of unwritten check numbers separate from your checkbook or unwritten checks, so that if checks are stolen, you can have the bank decline just the stolen ones without having to cancel your whole checking account and causing problems with the legitimate checks you've already signed and conveyed to a legitimate payee;

3. Upon learning of theft of your credit cards, checks or other personal financial data, immediately report the theft to the local police, even if you have no hope of recovering anything or catching the thief, because you will need a copy of the police report. You will need a police report to attach to your own affidavits to any companies at which the thief opens accounts under your name. You will also need a police report for your insurance;

4. Finally, consider filing a Fraud Alert letter with each of the three major credit agencies (Equifax; Experian; and TransUnion) to require that no new credit accounts be opened in your name for six months unless you give confirming oral approval at the phone contact you specify in your letter.
We hope these tips for business and personal credit concerns are helpful, and that you never experience the pains of a problematic federal inspection or of personal identity theft.



RECREATIONAL BOATERS NOW HAVE LOCAL LOBBYING HELP ON THE WEB New Grassroots Lobbying "Tool Kit" at BoatUS.com

  • Is a boat ramp closure being considered in your neighborhood?
  • Is your municipal marina going to be sold?
  • Does your town or county need public support to fund a new boating project?
Boat owners have a big stake in what goes on in the community where they live and boat. Local ordinances passed in meetings that are poorly publicized or unattended by recreational boaters can have a major impact on boating. BoatU.S., the nation's largest organization of recreational boaters, believes boaters need to get involved to protect their lifestyle. "While national associations can have a tremendous impact on Congress, local politicians want to hear from their constituents on local issues," said Michael Sciulla, senior vice president of BoatU.S.Government and public affairs. To give boaters the tools to fight these local battles, the BoatU.S. Government Affairs team has developed the online "Grassroots Lobbying Tool Kit" at http://www.BoatUS.com/gov/toolkit

The toolkit won't solve every issue, but it will give boaters insight on how government works and what they can do to affect change. The site includes information on local lobbying tactics, civics 101, and writing to elected officials, forming coalitions and getting publicity.



Encourage Your Boaters to Become Informed Boaters!
Sign Up for MMTA's Boater Information Pipeline

Want to Become an Informed Boater? Click Here: http://www.boatma.com/boatersenewssignupform.html

Massachusetts' boater awareness of relevant public policy matters is critical to protecting our freedom to boat. With personal and professional demands, many of us are challenged to find the time to go boating, let alone make our voices heard on Beacon Hill and beyond. MMTA members are urged to invite their customers, employees, colleagues and friends of boating to become part of a boating information pipeline that will deliver occasional e-mail communications relevant to boating in Massachusetts. E-mail addresses will NEVER be provided to any other entity for any reason. We urge you to take this opportunity to become informed on boating issues that directly affect your boating experience. Please invite your customers to join the pipeline by passing along the link with your personal invitation to sign up.



Action Alert: Urge The Senate To Consider Water Resources Legislation


What is the problem? NMMA needs your help to contact Senator Bill Frist, the Majority Leader of the Senate, and ask him to schedule floor time for the Water Resources Development Act (WRDA).

Why Should I Care? WRDA is a bill, now years overdue, that authorizes water resources projects for the nation such as ports, beach renourishment, water supply facilities, locks and damns (especially along the Upper Mississippi River), environmental restoration, and flood control (including several projects desperately needed for the rebuilding of New Orleans and the Gulf). The bill also will help wetlands restoration efforts in the Florida Everglades and along Coastal Louisiana, and to provide for Army Corps of Engineers recreation sites frequented by families and boaters.

How You Can Stop This: On April 26 th (between 9 a.m. and 5 p.m. Please call Senator Bill Frist and urge him to bring the WRDA before the Senate for consideration:
1) Dial (202) 224-3121 (the U.S. Capitol Switchboard) or (202) 224-3135 (the office of the Majority Leader, Senator Bill Frist).
2) Please state your name and where you are from.
3) Say something like: Water Resources (boating recreation areas, ports or locks & dams, beach renourishment, or the environment) are crucial to the lives of everyday Americans. (Feel free to offer info on why it is important to you.) We can't afford to wait any longer for passage of WRDA. I would like to urge Sen. Frist to schedule floor time for the Water Resources Development Act of 2006 before the Memorial Day recess. If you would like to reach me for further information, you can contact me at (phone number or e-mail address.)
You can also reach your member of Congress by fax or email at http://www.nmma.org/grassroots and sign-up for alerts to stay informed on this matter. Please let Jeff Gabriel (jgabriel@nmma.org; 202-737-9756) know when you contact your elected representatives so NMMA can follow up and urge the Congress to take up and authorize this important legislation for America's waterways.



ONGOING REMINDERS TO MEMBERS AND LINKS OF INTEREST

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BOATER INFORMATION PIPELINE SIGNUP:
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MMTA NEWSBRIEF ON ETHANOL:
http://www.boatma.com/membersonly/newsbriefs/2006_march_11_news.html
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MMTA NEWSBRIEF ON LOW SULFUR GASOLINE:
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