HOUSE DOCKET, NO. 1759 FILED ON: 1/13/2009
HOUSE . . . . . . . . . . . . . . . No. 234
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act relative to towing storage..
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 25 of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting, after the first paragraph, the following paragraph:-
Said person(s) shall notify the lien holder of record as listed in the Massachusetts Registry of Motor Vehicle records that he/she is in possession of said motor vehicle. Said notification shall be sent via certified mail no later than 15 days from the date possession of the vehicle is obtained and shall state the name of the vehicle owner, the date possession was obtained, the make and model of the vehicle and an itemization of the storage charges and any other duly authorized work performed on the vehicle. If notification is not provided as indicated in this paragraph then any lien shall not exceed the total sum of 15 days of storage charges and any other work performed as listed in the notification.
SECTION 2. Section 26 of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by deleting in line 6 the word “twenty-five”, and inserting in line 7, after “within ten days”, the following text:-
or in the case of a lien described in section twenty-five within twenty one days of the date of the letter notifying the lien holder as referenced in section twenty-five,
SECTION 3. Section 26 of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding, at the end of the section, the following sentence:-
As part of said civil action if notification is not provided to the lien holder as provided for in section twenty-five and this section then any lien described in section twenty-five shall not exceed the total sum of 15 days of storage charges and any other work performed as listed in the notifications required by those sections.
SECTION 4. Section 39A of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting, at the end of the second paragraph, the following sentence:-
The owner of the garage shall also notify the lien holder of its possession of the vehicle in the manner referenced in section 25.
SECTION 5. Section 39A of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting in line 20 after “If the registered owner” the following text:-
and lien holder of record
SECTION 6. Section 39A of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting in line 20 after “assents” the following text: in writing
SECTION 7. Section 39A of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting in line 24 after “motor vehicle” the following text:- and lien holder of record
SECTION 8. Section 39A of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting in line 29 after “owner” the following text:- or lien holder
SECTION 9. Section 39A of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by deleting in line 29 the word “has” and replacing it with the word “have”
SECTION 10. Section 39A of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by deleting in line 30 the word “may” and replacing it with the word “shall”
SECTION 11. Section 39A of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting in line 30 after “owner” the following text:- and lien holder
SECTION 12. Section 39A of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by deleting in line 31 the word “his” and replacing it with the word “their”
SECTION 13. Section 39A of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting in line 33 after “owner” the following text:- or lien holder
SECTION 14. Section 39A of chapter 255 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting in line 42 after “owner” the following text:- and lien holder