Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H354 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. 3156 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 354
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark J. Cusack
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 notifying automobile lien holders of certain towing and storage costs.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/16/2025 1 of 4
16	16	HOUSE DOCKET, NO. 3156 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 354
18	18	By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 354) of
19	19	Mark J. Cusack relative to notifying automobile lien holders of certain towing and storage costs.
20	20	Consumer Protection and Professional Licensure.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 370 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 notifying automobile lien holders of certain towing and storage costs.
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 6B of chapter 159B of the General Laws, as appearing in the 2022
32	32	2Official Edition, is hereby amended by striking out, in lines 33 and 34, the words “section thirty-
33	33	3nine A of chapter two hundred and fifty-five” and inserting in place thereof the following
34	34	4words:- "this section."
35	35	5 SECTION 2. Said section 6B of said chapter 159B, as so appearing, is hereby further
36	36	6amended by adding the following 2 paragraphs: -
37	37	7 The owner or operator of a motor vehicle storage facility to which a motor vehicle is
38	38	8involuntarily recovered, towed, transported and stored, pursuant to this section shall use the
39	39	9vehicle identification number or plate number to identify the registered owner and any lienholder 2 of 4
40	40	10of the motor vehicle through the registry of motor vehicles motor vehicle database system. The
41	41	11owner or operator of a motor vehicle storage facility shall within 5 business days of storing such
42	42	12vehicle notify the registered owner of the motor vehicle and any lienholder by certified mail,
43	43	13return receipt requested, that such motor vehicle has been placed in his care as provided by this
44	44	14section, and shall inform the registered owner and any lienholder of the recovery, transportation
45	45	15and storage rates therefor, and shall inquire if he is to continue to hold the motor vehicle subject
46	46	16to the storage rates. If the registered owner of the motor vehicle assents to the continued storage,
47	47	17the owner of the motor vehicle storage facility shall continue to hold said motor vehicle in
48	48	18storage: ; provided, however that if the lienholder pays the current charges for recovery,
49	49	19transportation and storage rates to the owner or operator of the motor vehicle storage facility, the
50	50	20vehicle shall be released to the lienholder.
51	51	21 If: (1) the registered owner of a motor vehicle fails to answer the notice within 14 days of
52	52	22the receipt thereof; (2) the registered owner of a motor vehicle fails to remove the motor vehicle
53	53	23after paying the recovery, transportation and storage charges therefor within fourteen days after
54	54	24such payment; or (3) the certified mail notice was returned as undeliverable at least 3 days prior,
55	55	25the motor vehicle shall continue to be stored at the prevailing rates and the owner or operator of
56	56	26the motor vehicle storage facility shall notify again any lienholder of the motor vehicle by
57	57	27certified mail, return receipt requested, that the motor vehicle has been placed in his care as
58	58	28provided by this section and shall inform the lienholder of the recovery, transportation and
59	59	29storage charges therefor. If, after the expiration of 30 days from the date when the vehicle was
60	60	30brought to the motor vehicle storage facility or placed in the care of the owner or operator of said
61	61	31facility, the owner or lienholder of the motor vehicle has not claimed the motor vehicle, the
62	62	32owner or operator of the motor vehicle storage facility shall give notice to the owner and 3 of 4
63	63	33lienholder of the motor vehicle by certified mail, his known place of abode, stating the amount of
64	64	34the storage charges and informing them that if the vehicle is not claimed within 14 days, the
65	65	35vehicle will be sold. If the owner or lienholder does not claim the vehicle within said 14 days, the
66	66	36owner of the motor vehicle storage facility may sell said motor vehicle at public or private sale
67	67	37after publishing notice of said sale 3 times in a newspaper published or having circulation in the
68	68	38city or town in which the property is located with the third notice published at least 5 days prior
69	69	39to the date of the sale. Upon such sale, the owner of the motor vehicle storage facility may
70	70	40deduct from the proceeds of the sale all charges for recovery, transportation and storage of said
71	71	41motor vehicle, the costs of sending notices, and the costs of holding the sale. The owner or
72	72	42operator of the motor vehicle storage facility shall furnish the registered owner and lienholder of
73	73	43the motor vehicle a statement of the amount received at the sale, together with the amount of his
74	74	44all charges and costs, and the balance of the proceeds of the sale, if any. If the owner or operator
75	75	45of the motor vehicle storage facility knows the address of the registered owner or lienholder of
76	76	46the motor vehicle, he shall pay the balance first to any lienholder, and then to the registered
77	77	47owner. If neither address is known, the owner or operator shall deposit the same with the clerk of
78	78	48the district court wherein the property is located. The clerk shall give the owner or operator a
79	79	49receipt for the deposit and shall deposit the same in a savings bank in the name of the justice of
80	80	50the district court to be held in trust for the owner and any lienholder of the motor vehicle.
81	81	51 Nothing in this section shall be construed to affect the rights or responsibilities of any
82	82	52registered owner of a motor vehicle or lienholder as they relate to the possession, repossession,
83	83	53or other property interest in a motor vehicle. 4 of 4
84	84	54 SECTION 3. Chapter 255 of the General Laws, as appearing in the 2022 Official Edition,
85	85	55is hereby amended by striking out section 39A and inserting in place thereof the following
86	86	56section:-
87	87	57 Section 39A. Any motor vehicle removed from the scene of an accident and placed for
88	88	58storage in the care of a garage, which in this section shall also include a parking lot or other place
89	89	59for the storage of motor vehicles, by a member of the state police force, by a member of the
90	90	60metropolitan district police, by a member of the police force of any city or town or by any
91	91	61inspector, supervisor, investigator, examiner or instructor appointed by the registrar of motor
92	92	62vehicles under section 29 of chapter 90, shall be so stored at the prevailing rates.
93	93	63 The registered owner and lienholder of a motor vehicle stored pursuant to this section
94	94	64shall be notified, and the motor vehicle may be disposed of by sale, pursuant to the sixth and
95	95	65seventh paragraphs of section 6B of chapter 159B.
96	96	66 SECTION 4. Section 29 of chapter 266 of the General Laws, as appearing in the 2022
97	97	67Official Edition, is hereby amended by striking the second paragraph and inserting in place
98	98	68thereof the following paragraph:-
99	99	69 Whenever a stolen or misappropriated motor vehicle is recovered by a police officer or
100	100	70other law enforcement officer, the police department shall notify the registry of motor vehicles.
101	101	71In the event the vehicle is placed in a garage or other motor vehicle storage facility, the owner
102	102	72the garage or facility shall notify the registered owner and any lienholder of such vehicle, and
103	103	73may dispose of the vehicle by sale, pursuant to the sixth and seventh paragraphs of section 6B of
104	104	74chapter 159B.