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2 | 2 | | HOUSE DOCKET, NO. 510 FILED ON: 1/9/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1301 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Jeffrey N. Roy |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to primary insurance. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey N. Roy10th Norfolk1/9/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 510 FILED ON: 1/9/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1301 |
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18 | 18 | | By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1301) of Jeffrey |
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19 | 19 | | N. Roy relative to primary insurance in the leasing of motor vehicles or trailers under the ''drive- |
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20 | 20 | | it-yourself'' system, so-called. Financial Services. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act relative to primary insurance. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 90, section 32C is amended by striking the first paragraph |
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30 | 30 | | 2and replacing it with the following: - |
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31 | 31 | | 3 No person engaged in the business of leasing motor vehicles or trailers under the |
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32 | 32 | | 4''drive- |
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33 | 33 | | 5 it-yourself'' system, so called, , wherein the amount of the rental is determinable in whole |
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34 | 34 | | 6or in |
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35 | 35 | | 7 part by the distance such motor vehicles or trailers travel or any similar system including |
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36 | 36 | | 8rentals based |
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37 | 37 | | 9 on daily, weekly, hourly or monthly rental rates, shall lease any such vehicle whereto is |
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38 | 38 | | 10 attached a hubodometer or other mechanical device for the purpose of registering the |
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39 | 39 | | 11distance 2 of 3 |
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40 | 40 | | 12 that such vehicle travels which does not register such distance with substantial accuracy, |
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41 | 41 | | 13nor |
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42 | 42 | | 14 shall any such person, herein and in the following three sections called the lessor, |
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43 | 43 | | 15knowingly |
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44 | 44 | | 16 deceive any lessee of any such vehicle under any such system, herein and in the |
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45 | 45 | | 17following three |
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46 | 46 | | 18 sections called the lessee, as to the distance which such vehicle has traveled under the |
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47 | 47 | | 19lease, or |
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48 | 48 | | 20 make or collect a charge for the use thereof based wholly or in part on such deception, or |
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49 | 49 | | 21lease |
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50 | 50 | | 22 any such vehicle for operation on any public way by any person whom he knows or has |
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51 | 51 | | 23reason to |
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52 | 52 | | 24 believe to be under the influence of intoxicating liquor or of any drug. No lessor shall |
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53 | 53 | | 25lease any |
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54 | 54 | | 26 motor vehicle or trailer until the lessee shows that he or his authorized operator is the |
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55 | 55 | | 27holder of a |
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56 | 56 | | 28 duly issued license to operate the type of motor vehicle or trailer which is being leased. |
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57 | 57 | | 29Further, no |
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58 | 58 | | 30 lessor is required to verify such license with the Registry of Motor Vehicles or via any |
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59 | 59 | | 31other electronic 3 of 3 |
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60 | 60 | | 32 services. |
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61 | 61 | | 33 SECTION 2. Section 32E is amended by striking the title and replacing it with the |
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62 | 62 | | 34following: - |
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63 | 63 | | 35 Section 32E: Leasing motor vehicles on mileage basis; operation of vehicles or |
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64 | 64 | | 36use of |
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65 | 65 | | 37 trailers; insurance coverage; vehicles leased on daily, weekly, hourly or monthly rental |
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66 | 66 | | 38rate |
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67 | 67 | | 39 Section 32E is further amended by striking the second paragraph and replacing |
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68 | 68 | | 40it with the following: |
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69 | 69 | | 41 Every lessor shall provide and maintain, during such time as he engages in the business |
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70 | 70 | | 42of leasing motor vehicles under any system referred to in section thirty-two C, a motor vehicle |
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71 | 71 | | 43liability policy or bond or deposit up to the minimum financial requirements imposed on owners |
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72 | 72 | | 44or registrants , on a secondary or contingent basis if the lessee or operator does not have a motor |
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73 | 73 | | 45vehicle liability policy, or other coverage, which, in addition to providing indemnity, protection |
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74 | 74 | | 46or security for personal injuries, shall, except in the case of vehicles leased for a term of more |
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75 | 75 | | 47than thirty days, further provide indemnity, protection or security for damage to property as |
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76 | 76 | | 48required by the provisions of this chapter. If another valid and collectible liability policy or other |
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77 | 77 | | 49form of financial security satisfies the minimum financial requirements imposed on owners or |
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78 | 78 | | 50registrants, a lessor’s obligation under the law is satisfied. |
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79 | 79 | | 51 SECTION 3. Section 34M is further amended by adding the following words: |
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80 | 80 | | 52“and/or thirty-two E” any time “section thirty-four A” appears in this section. -, |
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