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2 | 2 | | SENATE DOCKET, NO. 1781 FILED ON: 1/16/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2371 |
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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 | | Sal N. DiDomenico |
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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 modernizing and expanding availability of motor vehicle titling and registration services. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and SuffolkAngelo J. Puppolo, Jr.12th Hampden1/27/2025 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 1781 FILED ON: 1/16/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2371 |
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18 | 18 | | By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 2371) of Sal N. DiDomenico |
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19 | 19 | | and Angelo J. Puppolo, Jr. for legislation to modernize and expand availability of motor vehicle |
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20 | 20 | | titling and registration services. Transportation. |
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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 modernizing and expanding availability of motor vehicle titling and registration services. |
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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. Section 2 of chapter 90 of the General Laws, as appearing in the 2022 |
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30 | 30 | | 2Official Edition, is hereby amended by inserting after the third paragraph the following:- |
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31 | 31 | | 3 The registrar is hereby authorized and directed to enter into agreements on behalf of the |
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32 | 32 | | 4commonwealth with the duly authorized representatives of any state of the United States or the |
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33 | 33 | | 5District of Columbia providing for the establishment of a reciprocal cross-border electronic |
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34 | 34 | | 6vehicle titling and registration program that would enable a person purchasing a motor vehicle in |
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35 | 35 | | 7a participant state that is other than the person’s state of residence to have such vehicle titled and |
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36 | 36 | | 8registered electronically in the person’s state of residence pursuant to the rules and regulations of |
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37 | 37 | | 9such reciprocal electronic titling and vehicle registration program; provided, however, that, |
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38 | 38 | | 10notwithstanding the provisions of any other previous agreement, permit, or license in existence |
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39 | 39 | | 11between the registrar, the commonwealth, and other parties, no person who sells motor vehicles |
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40 | 40 | | 12outside of the commonwealth pursuant to the laws and regulations of the state where said 2 of 4 |
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41 | 41 | | 13person’s place of business is located shall be allowed to engage in the electronic titling and |
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42 | 42 | | 14registration of motor vehicles into the commonwealth unless and until such reciprocal cross- |
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43 | 43 | | 15border electronic vehicle registration program is executed and established with the |
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44 | 44 | | 16commonwealth and such other state. |
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45 | 45 | | 17 SECTION 2. Chapter 90 of the General Laws, as so appearing, is hereby further |
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46 | 46 | | 18amended in section 31 by inserting after the first paragraph the following: |
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47 | 47 | | 19 The registrar shall make no rules or regulations limiting any class of motor vehicle dealer |
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48 | 48 | | 20from participation in the registry’s electronic vehicle registration program solely based on the |
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49 | 49 | | 21volume of transactions conducted by the dealer. |
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50 | 50 | | 22 SECTION 3. Chapter 90D of the General Laws, as so appearing, is hereby amended in |
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51 | 51 | | 23section 11a by inserting after the first paragraph the following: |
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52 | 52 | | 24 Upon receiving notification of satisfaction of a security interest, the registrar may waive |
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53 | 53 | | 25the issuance and mailing of the certificate of title to the owner or third party requested by the |
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54 | 54 | | 26lienholder. If the registrar exercises this waiver, the registrar shall: (1) ensure the owner or third |
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55 | 55 | | 27party can subsequently request a paper certificate of title for no fee; and (2) have a process or |
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56 | 56 | | 28system established to ensure the owner or third party can effect action that would otherwise be |
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57 | 57 | | 29necessary upon the paper certificate of title. |
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58 | 58 | | 30 SECTION 4. Chapter 90D of the General Laws, as so appearing, is hereby further |
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59 | 59 | | 31amended by striking out section 24 and inserting in place thereof the following section: |
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60 | 60 | | 32 Section 24. (a) Upon the satisfaction of a security interest in a vehicle for which the |
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61 | 61 | | 33certificate of title is in the possession of the lienholder, the lienholder shall, within three days 3 of 4 |
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62 | 62 | | 34after demand and, in any event, within ten days, execute a release of his security interest, in the |
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63 | 63 | | 35space provided therefor on the certificate or as the registrar shall prescribe, and mail or deliver |
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64 | 64 | | 36the certificate and release to the next lienholder named therein, or, if none, to the owner or any |
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65 | 65 | | 37person who delivers to the lienholder an authorization from the owner to receive the certificate. |
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66 | 66 | | 38 (b) Upon the satisfaction of a security interest in a vehicle for which the certificate of title |
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67 | 67 | | 39is in the possession of a prior lienholder, the lienholder whose security interest is satisfied shall |
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68 | 68 | | 40within three days execute a release in such form as the registrar shall prescribe and deliver the |
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69 | 69 | | 41release to the owner, or to any person who delivers to the lienholder an authorization from the |
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70 | 70 | | 42owner to receive it. The lienholder in possession of the certificate of title shall either deliver the |
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71 | 71 | | 43certificate to the owner, or the person authorized by him for delivery to the registrar, or, upon |
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72 | 72 | | 44receipt of the release, mail or deliver it with the certificate to the registrar, who shall release the |
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73 | 73 | | 45subordinate lienholder's rights on the certificate or issue a new certificate. |
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74 | 74 | | 46 (c) If the payment in satisfaction of the security interest is in cash or by certified check, |
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75 | 75 | | 47cashier's check, teller's check, intra-bank or inter-bank transfer of funds, or an electronic transfer |
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76 | 76 | | 48of funds, the payment shall be considered cleared immediately upon receipt by a lienholder. |
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77 | 77 | | 49 (d) Notwithstanding paragraph (a) of section sixteen, no later than January 1, 2026, the |
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78 | 78 | | 50registrar shall prescribe a form or electronic process whereby a dealer can retail a vehicle for |
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79 | 79 | | 51which: (i) the dealer has made payment as described in paragraph (c); or (ii) the registrar has |
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80 | 80 | | 52received an electronic notification of the satisfaction of a security interest in accordance with the |
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81 | 81 | | 53system established pursuant to section eleven a. The registrar shall prescribe the manner in which |
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82 | 82 | | 54the dealer is to maintain, invalidate, or surrender the certificate of title upon receipt of the |
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83 | 83 | | 55certificate of title for a vehicle which is retailed under this paragraph. 4 of 4 |
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84 | 84 | | 56 SECTION 5. This act shall take effect upon its passage. |
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