Amendment ID: S2371-7

Amendment 7

Voluntary Towing

Mr. Moore and Ms. Flanagan move to amend the amendment by inserting, after section _____, the following 3 sections:-

SECTION _____. Chapter 159B of the General Laws is hereby amended by inserting, after section 6D, the following section:-

Section 6E.(a) No person, with a principal place of business within the commonwealth, shall engage in the consensual and voluntary towing of motor vehicles within the commonwealth without a certificate issued by the department. For the purposes of this section, the term “department” shall mean the department of public utilities. A certificate or any renewal of a certificate issued to a person shall expire 12 months after the effective date of such certificate.

(b) An application for a certificate to engage in the consensual and voluntary towing of motor vehicles shall be made to the department. No certificate for operation of such towing service shall be issued until the following 3 requirements have been met:

(1) proof of insurance, as prescribed by the department, is provided to the department;

(2) each operator of a tow company or unincorporated independent operator, including any person who provides voluntary towing to the public and has direct contact with the public, has met criminal offender record information standards as determined by the department to ensure the public’s safety; and

(3) each tow company or operator submits a certificate fee, as determined by the secretary of administration and finance under section 3B of chapter 7.

SECTION ______. The department of public utilities shall promulgate all regulations for compliance with section 6E of chapter 159B of the General Laws within 12 months of the effective date of this act. Every person engaged in the consensual and voluntary towing of motor vehicles shall comply with the requirements of this act within 12 months of the promulgation of regulations by the department of public utilities.

SECTION _____.  Membership service organizations with greater than one million members that also provide towing services through company-owned vehicles shall be exempted from the requirements outlined in sections ______ and ______.