PETITION OF:

SECTION 1. Chapter ninety-one of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking sections thirty-eight, thirty-nine, forty, forty-one, forty-two, forty-three, and forty-nine.

SECTION 2. Section one of chapter ninety-one is hereby amended by adding the following in the definition of “Department”: - After section “forty,” add “forty-one A, forty-one B,”.

SECTION 3. Said chapter ninety-one is hereby further amended by adding the following sections:

Section 38. DEFINITIONS

For the purposes of sections thirty-eight to forty-eight, inclusive, the following terms shall have the following meanings:

"Certificate of Number", a document issued by the director of the division of law enforcement, upon application therefore, stating the name and address of the owner of, and the number awarded to a vessel subject to this chapter, except such vessels, other than livery boats, owned by a manufacturer of or dealer in boats.

"Certificate of Documentation Number", a document issued by the United States Coast Guard, upon application therefore, stating the name and address of the owner of commercial vessels, and the number awarded to a vessel subject to this chapter.

"Claimant", the commonwealth, its political subdivisions, or any person or entity, public or private, which desires to acquire title to an abandoned vessel;

"Department”, the department of conservation and recreation acting through the division of water supply protection;

“Director”, the director of the office of law enforcement within the executive office of environmental affairs;

"Identification number", the number awarded to a vessel subject to this chapter and upon approval of an application for a certificate of number or certificate of documentation number;

"Lienholder", any person or entity holding a perfected security interest;

"Office", the office of law enforcement within the executive office of environmental affairs;

"Operator", a person who operates or who has a charge of the navigation or use of a vessel;

“Owner", a person, other than a lienholder, holding a vessel or the title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest of another person, reserved or created by agreement and securing payment or performance of an obligation but shall exclude a lessee under a lease not intended as a security interest;

"Removal costs", any and all costs associated with the removal or destruction of any vessel from land and /or water and shall include the reimbursement of any or all costs incurred by the claimant in the course of acquiring title to an abandoned vessel;

"Security interest”, an interest which is reserved or created, by an agreement which secures payment or performance of an obligation and is valid against third parties generally;

"Vessel", a boat and / or any watercraft of every description, motorized and non-motorized, except a seaplane on the water, used or capable of being used as a means of transportation on water, including but not limited to documented boats and ships, flat bottomed boats, barges, scows and rafts; and including all equipment, modes of power, and all property aboard the vessel;

Section 39. It shall be unlawful for any person to willfully abandon any vessel to or upon public land or waters of the Commonwealth or to or upon any private property or the water immediately adjacent thereto without the consent of the official designated by law to have jurisdiction over such public land or waterway, or the owner or other person in charge of the private property. A vessel which has remained moored, grounded, or otherwise attached or fastened upon any public land or waterway or any private property without such consent for a period of more than 90 days shall be prima facie evidence of such abandonment.

Any vessel that the owner, operator, or lienholder has placed at a storage or repair facility, which is subject to the provisions of section fourteen of chapter two hundred and fifty-five or which is subject to the provisions of sections one hundred seventy-nine or one hundred eighty of chapter six; sections twenty-six to twenty-seven D, inclusive, of chapter nine; section sixty-three of chapter ninety-one; or any other applicable federal or state law, shall not be considered an abandoned vessel.

Section 40.

Any claimant wishing to obtain title to an abandoned vessel, as defined hereunder, may apply to the office for title under the provisions of this section. (a) If there is more than one claimant, the office shall give preference for the claim in the following order:

(i) the department;

(ii) the office;

(iii) another department of agency of the commonwealth;

(iv) the municipal government of jurisdiction where the vessel lies;

(v) the United States government or any of its departments or agencies;

(vi) private parties.

(b) In no event shall this preference be granted if emergency conditions exist and the procedures under this section would jeopardize navigation, public health, or safety. In the event that there is more than one equal claimant, the office shall hold an auction, and the title, subject to valid liens as provided for hereunder, shall go to the highest bidder.

(i) If a vessel has any identification number, registration number, equipment numbers, certificate of documentation number, certificate of number, or other means of identification, the claimant shall contact the office to determine if the vessel has been stolen.

(ii) If after thirty days the office determines that the vessel is abandoned and not stolen, the claimant shall, if possible, secure the owner's last known address and the address of any lienholder appearing on record. Said claimant shall notify the owner, any lienholder of record, the department, the Board of Underwater Archaeological Resources, and the Massachusetts Historical Commission by certified first class mail, return receipt requested, to the owner’s, lienholder’s, or other required party’s address of record.

(iii) If the owner of record does not reply within thirty days, the claimant shall cause a notice to appear for three consecutive days in a newspaper of general circulation published in the county, city, or town where the vessel is located, where the owner of the boat has its address, or if the owner’s name and address are unavailable, where a lienholder has its place of business. The notice given pursuant to this section shall contain the following:

(1) a description of the vessel, including any identifying numbers;

(2) a description of the location where the vessel is situated;

(3) a statement informing the owner and lienholder of their right to reclaim the vessel within thirty days subject to rights of any other lienholder;

(4) a statement that failure to claim the vessel will constitute a waiver of all rights, title, and interest in the vessel; and

(5) a statement that if ownership or lienholder interest is not claimed and the vessel is not removed within thirty days after the owner, the owner’s agent, or employee signs the return receipt or within ninety days of the last day of notice by publication, whichever is later, the claimant may apply to the office for title to the vessel.

(d) If the claimant cannot identify any vessel owner or ascertain the owner’s address after a reasonable search of record, and if no lienholder appears on record, the claimant need not issue the notice required by subsection (c)(ii).

Section 40A.

If the owner or lienholder fails to claim the vessel within thirty days after the return receipt is received by the claimant or after the last day of notice is given by publication, whichever is later, and if the commonwealth is not the owner pursuant to section one hundred seventy-nine or one hundred eighty of chapter six; or sections twenty-six to twenty-seven D, inclusive, of chapter nine; and if the United States is not the owner pursuant to federal law or regulation, the claimant may apply to the office for a title, subject to any lien which is valid and enforceable under any other statute, including section nine of chapter one hundred six. (a) Such application must include the following:

(i) a notarized affidavit by the claimant stating that the vessel has been abandoned for at least ninety days, that all notice requirements under this chapter have been met, and that the vessel is not subject to sections one hundred seventy-nine or one hundred eighty of chapter six; or, sections twenty-six to twenty-seven D, inclusive, of chapter nine; or, the requirements of section sixty-three of chapter ninety-one, or any other applicable state or federal law or regulation;

(ii) a copy of the letter, if sent, to the identified owner and lienholders and accompanying return receipts. In the alternative, the claimant may supply a detailed explanation of the unsuccessful steps taken to identify the owner and any lienholder and to secure the address of the owner or any lienholder, including any returned notices; and

(iii) in the case of notice by publication, original copies of the notice as published.

(b) The office shall certify that the claimant has met the requirements of this section, and such certification shall be included with the records of the granting of the title.

Section 41. Except as otherwise set forth in this chapter, or in section one hundred seventy-nine or one hundred and eighty of chapter six, or sections twenty-six to twenty-seven D, inclusive, of chapter 9, or any other applicable state or federal law, the office is hereby given the authority to grant title to a vessel, and any contents therein, subject to any valid, perfected security interests, to the claimant. Upon certification as required in section forty A, and upon payment of any fees or taxes due, the office shall issue the claimant title to the vessel. All costs incurred in transferring title shall be borne by the applicant. Should such person wish to operate such vessel he or she shall, if required by law, register said vessel with the office in accordance with chapter ninety B, as amended, or document the vessel under the applicable federal requirements.

Section 41A. After receiving title, the claimant may remove the vessel, destroy it, or sell it. Removal costs shall be borne by the previous owner if that owner has been identified, and shall be borne by the claimant if the previous owner cannot be identified. If the new owner intends to destroy or otherwise dispose of said vessel, he or she shall report such intention to the department and office at least fifteen days prior, supplying all details of the demolition or other disposition, including, but not limited to, the place of demolition, any materials or contracts for the demolition, any required permits, and the intended disposition of the vessel or its materials. The department shall immediately notify the office of the disposal or destruction of any vessel.

Section 41B. If a wrecked, sunken or abandoned vessel, or any unlawful or unauthorized structure or thing, is deposited or suffered to remain in the tide waters of the commonwealth, and if the department deems it is, or is liable to cause or become, an obstruction to the safe and convenient navigation or other lawful use of such waters, the department shall move it or cause it to be removed, after which time it may become a claimant and apply for title from the office, complying with the provisions of sections 40, 40A, 41, and 41A of this chapter, and

For a vessel that has been abandoned, and that does not pose an obstruction to the safe and convenient navigation or other lawful use of such waters, and for which no other claimant commences proceedings under this chapter within sixty days of the department having notice of said vessel, the department may become a claimant and apply for title from the office, complying with the provisions of sections 40, 40A, 41, and 41A.

Section 42. Any person who abandons a vessel shall be punished by a fine of not more than ten thousand dollars, except in any case, where, by reason of accident, emergency, errors of navigation, or in order to prevent loss of life or the sinking of a vessel, scow, lighter or other structure, such vessel, scow, lighter or structure is or has been grounded within the limits of any harbor or on any of the shores of the commonwealth. Any person who obtains or attempts to obtain title to a vessel through fraudulent means shall be punished by a fine of not more than one thousand dollars.

Section 42A. The department and the office shall promulgate such rules and regulations as necessary to carry out the provisions of sections thirty-eight to forty-two, inclusive.

SECTION 4. Chapter ninety-two, as so appearing, is hereby amended by repealing sections seventy-two and seventy-three.