Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1139 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1834 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1139
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Daniel M. Donahue
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to motor vehicle service contracts.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel M. Donahue16th Worcester1/15/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/20/2025 1 of 4
16	16	HOUSE DOCKET, NO. 1834 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1139
18	18	By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 1139) of
19	19	Daniel M. Donahue and Jacob R. Oliveira relative to motor vehicle service contracts. Financial
20	20	Services.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 995 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to motor vehicle service contracts.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 149M of chapter 175 of the General Laws, as appearing in the 2014
32	32	2Official Edition, is hereby amended by inserting after the definition of “consumer” the following
33	33	35 definitions:-
34	34	4 “Consumer product”, any tangible personal property that is distributed in commerce and
35	35	5is normally used for personal, family or household purposes, including tangible personal
36	36	6property intended to be attached to or installed in any real property without regard to whether it
37	37	7is so attached or installed.
38	38	8 “Maintenance agreement”, a contract for regular maintenance. 2 of 4
39	39	9 “Motor vehicle manufacturer”, a person who: (i) manufactures, distributes or produces
40	40	10motor vehicles under the person’s own name or label;
41	41	11 (ii) is a subsidiary of the person who manufactures, distributes or produces motor
42	42	12vehicles; (iii) is a corporation which owns 100 per cent of the corporation, association,
43	43	13partnership or other legal entity who manufactures, distributes or produces motor vehicles; or
44	44	14(iv) does not manufacture, distribute or produce motor vehicles but, pursuant to a written
45	45	15contract, licenses the use of its trade name or label to another person who manufactures,
46	46	16distributes or produces motor vehicles.
47	47	17 SECTION 2. Said section 149M of said chapter 175, as so appearing, is hereby further 18
48	48	18amended by striking out the definition of “service contract” and inserting in place thereof the 19
49	49	19following definition:-
50	50	20 “Service contract”, a contract for a separately stated consideration and for a specific
51	51	21duration to perform the service, repair, replacement or maintenance of a consumer product,
52	52	22including a motor vehicle, or indemnification for service, repair, replacement or maintenance for
53	53	23the operational or structural failure due to a defect in materials or workmanship or normal wear
54	54	24and tear, with or without additional provision for incidental payment or indemnity under limited
55	55	25circumstances, for related expenses, including, but not limited to, rental and food spoilage;
56	56	26provided, however, that a service contract shall also include a contract or agreement sold for a
57	57	27separately stated consideration for a specific duration that provides for any of the following: (i)
58	58	28the repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming
59	59	29into contact with road hazards including, but not limited to, potholes, rocks, wood debris, metal
60	60	30parts, glass, plastic, curbs or composite scraps; (ii) the removal of dents, dings or creases on a 3 of 4
61	61	31motor vehicle that can be repaired using the process of paintless dent removal without affecting
62	62	32the existing paint finish and without replacing vehicle body panels, sanding, bonding or painting;
63	63	33or (iii) the repair of small motor vehicle windshield chips or cracks which may include the
64	64	34replacement of the windshield for chips or cracks that cannot be repaired; or (iv) the replacement
65	65	35of a motor vehicle or key-fob in the event that the key or key-fob becomes inoperable or is lost
66	66	36or stolen.
67	67	37 SECTION 3. Section 149N of said chapter 175, as so appearing, is hereby amended by
68	68	38striking out, in line 100, the words “tangible personal property” and inserting in place thereof the
69	69	39following words:- consumer products.
70	70	40 SECTION 4. Said chapter 175 is hereby amended by striking out section 149V, as so
71	71	41appearing, and inserting in place thereof the following section:-
72	72	42 Section 149V. (a) The following shall be exempt from sections 149M to 149W, inclusive:
73	73	43(i) warranties, service contracts or maintenance agreements provided by public utilities that are
74	74	44regulated by the department of telecommunications and cable or the Federal Communications
75	75	45Commission, or by an affiliate of such entity, covering customer wiring, transmission devices
76	76	46serviced by such public utility or warranting services provided by such public utility or its
77	77	47affiliate; (ii) mechanical breakdown insurance policies offered by insurers otherwise licensed and
78	78	48regulated pursuant to the laws and regulations of the commonwealth; (iii) warranties, service
79	79	49contracts or other agreements regarding automobiles under which a licensed motor vehicle dealer
80	80	50or an affiliate of a licensed motor vehicle dealer is obligated to perform; (iv) warranties offered
81	81	51by builders as part of a conveyance of real estate; (v) warranties on a product made by the
82	82	52manufacturer, importer or seller of the product; and (vi) maintenance agreements. 4 of 4
83	83	53 (b) Motor vehicle manufacturers and service contracts on the motor vehicle
84	84	54manufacturer’s products need only comply with sections 149N(f), 149P, 149Q, 149R and 149U,
85	85	55as applicable, of this Act, and motor vehicle manufacturers offering service contracts on the
86	86	56motor vehicle manufacturer’s products are exempt from licensure under section 149N(c) and the
87	87	57requirements of section 149N(d).