On Tuesday - January 29, 2008, House Bill 4188 - The Abandoned Vessel Bill passed the Massachusetts House and Senate and is now on the Governor Patrick's desk awaiting his signature to become law. 

THE BILL COULD STILL DIE WITHOUT YOUR HELP

The Massachusetts Marine Trades Association has worked closely with MA Legislative Boating Caucus Chairman Anthony Verga on the drafting and passage of the bill.  Many of you testified at the hearings.  This will be a huge success � most bills take at least six years to become law, if they ever do so. 

Once signed, marinas and boatyards will be able to auction or dispose of an abandoned vessel without having to go to court. 

TIME IS OF THE ESSENCE BECAUSE

THE ABSENCE OF THE GOVERNOR'S SIGNATURE ON OR BEFORE FEBRUARY 7 MEANS THE BILL DIES

PLEASE DON'T LET THIS HAPPEN

MAKE ONE PHONE CALL in the next few days to the Governor’s office at
617-725-4000,

and leave the simple message “I’m calling to ask the Governor to please sign House Bill 4188 about Abandoned Vessels”.

You will likely be asked only where you are from and what your interest is in the bill.  The simple answer “I want a more efficient process for dealing with abandoned vessels” will do just fine. 

Questions? Call Jamy Madeja, MMTA’s Government Relations and Legal Counsel at 617-227-8410 or email jmadeja@buchananassociates.com

House Bil 4188 Text Excerpt: 

" �No 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 sections 14 or 14A and on which title is presumed to have been abandoned. Title to a vessel shall be presumed to have been abandoned if:� (i) the lienholder sent the owner of record, via certified mail at his last known address, notice including, but not limited to the amount of the lien and any proposed disposition or sale of the vessel; (ii) the lienholder published legal notice of the lien, including but not limited to: a description of the vessel, a description of where the vessel is located, and a proposed disposition or sale in a newspaper of general circulation in the city or town of the owner of record’s last known address for 3 consecutive days; and (iii) no response or reply was received from the owner of record within 90 days of such newspaper publication date indicating an ability to satisfy the debt to the lienholder.

The lienholder may dispose of the vessel upon filing with the marine title division of the department of environmental police a notarized affidavit stating no reply was received from the owner of record within 90 days of the lienholder sending certified notice or with 90 days of publication of notice pursuant to this section, whichever is later; provided further, that said filing by the lienholder shall include legible copies of foregoing documents. 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, if requested, and, subsequently issue new title documents to the purchaser of the vessel at public auction.