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| 2 | 2 | | SENATE DOCKET, NO. 541 FILED ON: 1/13/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2402 |
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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 | | Jason M. Lewis |
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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 peer to peer car sharing. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 541 FILED ON: 1/13/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2402 |
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| 18 | 18 | | By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2402) of Jason M. Lewis for |
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| 19 | 19 | | legislation relative to peer to peer car sharing. Transportation. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 2252 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relative to peer to peer car sharing. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 182 the |
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| 31 | 31 | | 2following chapter:- |
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| 32 | 32 | | 3 Chapter 182A. Peer to peer car sharing |
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| 33 | 33 | | 4 Section 1. As used in this section the following words have the following meanings:- |
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| 34 | 34 | | 5 (a) “Personal vehicle sharing program”, a legal entity qualified to do business in this state |
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| 35 | 35 | | 6engaged in the business of facilitating the sharing of private passenger motor vehicles for |
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| 36 | 36 | | 7noncommercial use by individuals within this state. |
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| 37 | 37 | | 8 (b) “Department”, the department of public utilities. 2 of 3 |
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| 38 | 38 | | 9 Section 2. (a) In consultation with the department, a personal vehicle sharing program |
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| 39 | 39 | | 10shall provide the vehicle registration information of each vehicle offered for rent to the |
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| 40 | 40 | | 11department and to the Massachusetts Department of Transportation. |
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| 41 | 41 | | 12 (b) A personal vehicle sharing program shall provide clear and conspicuous |
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| 42 | 42 | | 13transportation cost estimates to consumers including potential additional charges. |
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| 43 | 43 | | 14 (c) A personal vehicle sharing program shall affix a clear and conspicuous symbol to |
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| 44 | 44 | | 15each vehicle in use by any person other than its owner through a personal vehicle sharing |
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| 45 | 45 | | 16program. The symbol shall be approved by the department of public utilities prior to use of any |
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| 46 | 46 | | 17vehicle through a personal vehicle sharing program. |
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| 47 | 47 | | 18 (d) In consultation with state police, local law enforcement and the registry of motor |
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| 48 | 48 | | 19vehicles, the department shall ensure the safety and inspection of vehicles in the network of the |
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| 49 | 49 | | 20personal vehicle sharing program. |
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| 50 | 50 | | 21 Section 3. (a) If the department determines, after notice and a hearing, that a personal |
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| 51 | 51 | | 22vehicle sharing program is in violation of this section or any rule or regulation promulgated |
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| 52 | 52 | | 23under this section, the department shall issue a monetary penalty or take other action that the |
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| 53 | 53 | | 24department deems necessary. In determining the amount of the monetary penalty, the department |
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| 54 | 54 | | 25shall consider, without limitation, the size of the personal vehicle sharing program based on a |
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| 55 | 55 | | 26personal vehicle sharing program’s intrastate operating revenues for the previous calendar year, |
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| 56 | 56 | | 27the gravity of the violation, the degree to which the personal vehicle sharing program exercised |
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| 57 | 57 | | 28good faith in attempting to achieve compliance or to remedy non-compliance and previous |
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| 58 | 58 | | 29violations by the personal vehicle sharing program cited by the department. 3 of 3 |
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| 59 | 59 | | 30 The department shall issue rules and regulations to establish a process for administrative |
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| 60 | 60 | | 31appeal of any penalty, suspension or revocation imposed in accordance with this section. |
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| 61 | 61 | | 32 (b) Any party aggrieved by a final order or decision of the department pursuant to this |
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| 62 | 62 | | 33section may institute proceedings for judicial review in the superior court within 30 days after |
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| 63 | 63 | | 34receipt of such order or decision. Any proceedings in the superior court shall, insofar as |
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| 64 | 64 | | 35applicable, be governed by the provisions of section 14 of chapter 30A, and may be instituted in |
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| 65 | 65 | | 36the superior court for the county (i) where the parties or any of them reside or have their |
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| 66 | 66 | | 37principal place of business within the commonwealth; (ii) where the department has its principal |
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| 67 | 67 | | 38place of business; or (iii) of Suffolk. The commencement of such proceedings shall not, unless |
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| 68 | 68 | | 39specifically ordered by the court, operate as a stay of the department’s order or decision. |
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| 69 | 69 | | 40 Section 4. The department in consultation with the Massachusetts Department of |
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| 70 | 70 | | 41Transportation, shall promulgate regulations to implement this section. |
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