SENATE DOCKET, NO. 1493        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 169

The Commonwealth of Massachusetts

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PRESENTED BY:

James E. Timilty

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to secondary metal vehicle advertising.

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PETITION OF:

SENATE DOCKET, NO. 1493        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 169

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to secondary metal vehicle advertising.

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. Chapter 6 of the General Laws is hereby amended by adding the following section:-

Section 216. As used in this section, the term: 

(a)“Advertising” means communication by any form of medium, including electronic format, where the intention of the publisher is to communicate to the general public a product or service provided by and through the advertiser. 

(b) “Physical address” means a mailing address, including a zip code, which details the actual location of the Automobile Wrecking and Salvage Yard or Secondary Metal Recycler. The term does not include a post office box, private mail drop box, or e-mail address.

Section 217.

(a) No sign, advertising the purchase, sale, transport, delivery, or receiving of any salvage, abandoned, unserviceable, worn out, discarded, or junk motor vehicle shall be erected, constructed, posted, painted, altered, maintained, or located for public display unless a Class 3 license as defined in 140 § 58(d) and required under 140 § 59, has first been obtained by the person or entity advertising the purchase, sale, transport, delivery, or receiving of the salvage, derelict, or junk motor vehicles on the sign.

(b) Any person or entity that advertises on a website, in an online service, or in a newspaper the purchase, sale, delivery, removal, or receiving of any salvage, abandoned, unserviceable, worn out, discarded, or junk motor vehicle in this state shall clearly and conspicuously disclose his or her true and correct name, physical address, telephone number, and Class 3 license number, on the advertisement. 

(c) (1) An individual or entity who advertises in violation of subsection (b) shall be subject to a civil penalty of $500.00 for a first offense; and for each subsequent offense a $1000.00 fine shall be imposed. (2) An individual or entity required by state law to have a Class 3 license who is not licensed, and who advertises in violation of subsection (b), shall be subject to a civil penalty of $1500.00 for a first offense; and for each subsequent offense a $2500.00 fines shall be imposed.

(d)  Subsections (b) and (c) do not apply to any of the following: (1) A person conducting a private transaction seeking to sell his or her own personal vehicle (2) A nonprofit organization recognized under 26 U.S.C. Section 501 (c) of the Internal Revenue Code. (3) A motor vehicle dealer with a class 1, 2, or 3 license with an advertisement that is physically attached to the outside of its physical address or location, located on dealer’s property. (4) A billboard advertiser who is regulated by other state or federal laws.