Budget Amendment ID: FY2017-S4-1019-R1

Redraft EPS 1019

Recreational Vehicles

Mr. Moore moved that the proposed new text be amended by inserting after section 30 the following 2 sections:-

“SECTION 30A. Chapter 90B of the General Laws is hereby amended by inserting after section 22A the following section:-

Section 22B. Whoever acquires a snow vehicle or recreation vehicle shall apply for a certificate of title. The application shall be made within 10 days from taking ownership of the snow vehicle or recreation vehicle. The division shall not accept a new application for registration of a snow vehicle or recreation vehicle until the owner of the vehicle applies to the director for a certificate of title. The application for a certificate of title shall be made to the division on a form prescribed by the division that shall include: (i) the name and address of the owner; (ii) a description of the titled snow vehicle or recreation vehicle; (iii) the name and address of the purchaser and the date of purchase; (iv) the name and address of any holder of a security interest; and (v) any other information as the division may prescribe. The division shall file each application received and, when the division is satisfied that the application is genuine and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title for the vehicle. The division shall maintain a record of all certificates of title issued: (A) under a distinctive title number assigned to the vehicle; (B) under the identifying number of the vehicle; and (C) alphabetically under the name of the applicant owner. The application shall be accompanied by the prescribed fee and by any evidence as the division shall reasonably require establishing that the applicant is entitled to a certificate of title or a noted security interest. A certificate of title shall be required as proof of ownership of a titled snow vehicle or recreation vehicle on an application for registration as required by this chapter.

The division may cancel a certificate of title for due cause under law. Any person aggrieved by a ruling or decision of the division under this section may appeal, in writing, to the department. The fees for the issuance of a certificate of title and the notation of a security interest or other lien or encumbrance shall be determined by the commissioner; provided, however, that the fee shall not be less than $25. Fees collected pursuant to this section shall be deposited into the Massachusetts Environmental Police Trust Fund established in section 2LLLL of chapter 29.

No person shall possess or sell a titled snow vehicle or recreation vehicle without an original title or a legally transferred title. A person who violates this subsection shall be fined $100 for the first offense. A person who commits a subsequent violation of this subsection shall be fined an amount not less than $250 but not more than $500.”;

and by inserting after section 77 the following section:-

“SECTION 77A. Notwithstanding any general or special law to the contrary, the division of law enforcement shall, for an application for registration of a snow vehicle or a recreation vehicle, accept as proof of sales tax paid, a valid registration certificate issued by the registrar of motor vehicles.”