BoatMA.com ENews - July 31, 2006

MMTA ENews: July 31, 2006

LEGISLATIVE UPDATE

FROM THE DESK OF..JAMY BUCHANAN MADEJA, ESQ., MMTA LEGAL AND GOVERNMENT RELATIONS COUNSEL

On behalf of the MMTA Legislative Action Team, this ENEWS reports current status on key MMTA legislative priorities. A regulatory update will be offered in the subsequent ENEWS addition, along with an "end of session" legislative report.

COMPLETE TRACKING LIST AT BOATMA,COM: As the Massachusetts legislature concludes its two-year session on July 31, 2006, MMTA continues to press hard for recreational boating businesses' many concerns. A complete, updated list of all bills tracked or acted on is available in the Members Only section of www.boatma.com. Some actions will continue, even in informal session after July 31. Please feel welcome to contact Jamy Madeja at 617-227-8410 or jmadeja@buchananassociates.com if you have a specific bill question or comment.

GATE SHOWS IN BOSTON CONVENTION CENTER: The most pressing priority has been to pass HB 4463, to allow "gate shows", including the annual New England Boat Show, into the new Boston Convention & Exhibition Center. On July 27, as this ENEWS issue is being written, the bill has finally been released from the Senate, but now requires House concurrence and the Governor's signature. We are literally lobbying and monitoring hourly in these few passing. A special ENEWS brief will issue as soon as final information is available.

ABANDONED VESSEL BILL: The next MMTA priority has been passage of HB 4362, to allow speedier and less expensive disposition of abandoned vessels in your marinas and boatyards. No opposition has arisen, but the bill remains stalled in House Ways & Means as this Committee struggles to move thousands of bills. We and the Chairman of the Boating Caucus, Representative Anthony Verga of Gloucester, have been promised attention to the bill, but we've been told action may have to wait for informal session when unopposed bills can still become law, while "roll call vote" matters are taken up first. Your calls to your own legislators continue to be welcome in support of HB 4362. Recently, several legislators signed onto our letter to House Ways & Means Chairman Robert DeLeo, including:

Representative Anthony Verga (our primary bill sponsor)
Representative Bradford Hill
Representative John Keenan
Representative Susan Gifford
Representative Rachel Kaprielian
Representative Shirley Gomes
Representative Patricia Haddad
Representative Paul Kujawski
Senator Michael Morrissey
Senator Stephen Brewer
Senator Bruce Tarr
Senator Robert O'Leary

Please take a moment to thank them if they are your Representative or Senator. If your legislator is not among those who signed on in support, please urge them to support HB 4362's passage before the boating season ends and marinas and boatyards face another fall of delinquent boat owners.

BILLS BAD FOR BOATING NOT PASSED: We are pleased to report none of the proposed laws which MMTA opposed have become law, such as new per-boat registration fees or changes to the boat valuation process or a ban on two-stroke engines.

MANDATORY BOATER EDUCATION: New Mandatory Boater Education (HB 4543) is on its way to passage, but with provisions MMTA sought to protect sales of vessels and longstanding boaters. The bill is anticipated to require boater education courses within 6 months of vessel purchase, not before, and the requirements will be phased in with requirements for younger boaters taking effect first. There will be multiple sources for the education courses, including potentially dealer-offered courses, not just government sponsored ones. We will let you know if the bill does become law.

OCEAN MANAGEMENT: The first-in-the-nation Ocean Management bill to require state-approved plans for ocean-based structures and uses (SB 2653, formerly SB 2308), introduced by Senator O'Leary, has cleared the Senate but is not anticipated to pass the House. The version the Senate passed now contains important changes sought by MMTA to exclude any current marine facilities, including mooring fields, from the proposed new ocean planning jurisdiction and to exempt transient boating from requiring any planning approval at all. This bill is anticipated to be refiled by its supporters next session. MMTA will not oppose the bill as long as it continues to protect our members' facilities. We will be watching closely as debate progresses.

PERMIT STREAMLINING: Finally, for those of you seeking to expand your facilities or create new ones, a "permit streamlining" provision regarding Chapter 91 licenses is also poised to become law in a few days (HB 5207, Section 7). It is anticipated to do less than proponents hoped, more than opponents desired. The bill will still allow "10-citizen" groups to appeal Chapter 91 license matters. However, five of the ten citizens will have to be residents of the municipality in which the licensed facility is found, and all ten will have to sign statements of their intention to be part of the appealing group, with adequate reasons for a viable appeal. The bill is controversial for other reasons. MMTA will be tracking this Chapter 91 provision in these final days and will advise you of the results when final.

MMTA's regulatory agenda also remains robust, with special attention to securing faster and less expensive dredging approvals as the Department of Environmental Protection reviews comments on redrafted dredging regulations. A full update on regulatory and enforcement affairs will follow in a subsequent ENEWS brief. In the meantime, feel welcome to contact MMTA staff at any time with specific questions and concerns.

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