Amendment ID: S2354-1

Amendment 1

Lienholder Notification

Mr. O'Connor moves to amend the bill by inserting at the end the following:-

SECTION 5. Section 6B of Chapter 159B of the General Laws, as appearing in the 2012 Official Edition as amended, is hereby further amended by adding thereto the following: - At the time any motor vehicle voluntarily or involuntarily recovered, towed, transported and stored, as above described is so placed, the officer or person placing it shall furnish the owner or operator of such garage the name and address of the registered owner of said motor vehicle. Such information shall be furnished by providing the owner or operator of the garage with a copy of the registry of motor vehicles' teletype containing information adduced from the vehicle identification number and plate number, if any. If any information is not then available, said officer or person shall obtain such information as early as possible and notify the owner and operator as set forth above. Within five days of receipt of such information, the owner or operator of the garage shall notify the registered owner of the motor vehicle by certified mail, return receipt requested, that such motor vehicle has been placed in his care as provided by this section, and shall inform said registered owner of the recovery, transportation and storage rates therefor, and shall inquire if he is to continue to hold the motor vehicle subject to storage rates. If said registered owner of said motor vehicle assents to the continued storage of such motor vehicle, the owner of the garage shall continue to hold said motor vehicle in storage.

If said registered owner fails to answer said notice or to remove said vehicle after paying the recovery, transportation and storage charges therefor within fourteen days after receipt thereof, or within three days of the return of the certified mail notice as undeliverable, the motor vehicle shall continue to be stored at the prevailing rates and the owner or operator of the garage shall notify the lienholder of said motor vehicle by certified mail, return receipt requested, furnishing information regarding the location of said vehicle and the recovery, transportation and storage charges therefor. The garage or carrier or storage facility shall have a possessory lien on said motor vehicle for its charges for recovery, transportation and storage of said vehicle. If, after the expiration of thirty days from the date when the vehicle was brought to the garage or placed in the care of the owner of said garage, the owner or lienholder of the motor vehicle has not claimed said vehicle, the owner of the garage may give notice to the owner and lienholder by certified mail his known place of abode stating the amount of the storage charges and informing them that if the vehicle is not claimed within fourteen days, the vehicle will be sold. If the owner or lienholder does not claim the vehicle within said fourteen days, the owner of the garage may sell said motor vehicle at public or private sale after publishing notice of said sale three times in a newspaper published or having circulation in the city or town in which the property is located with the third notice at least five days prior to such sale that the vehicle is to be sold. Upon such sale, the owner of the garage may deduct from the proceeds of such sale his charges for recovery, transportation and storage of said motor vehicle, and the costs of sending notices and of holding the sale, and shall furnish the registered owner and lienholder of such motor vehicle a statement of the amount received at such sale, together with the amount of his charges and costs, and the balance, if any. If the owner of the garage knows the address of the registered owner or lienholder of said motor vehicle, he shall pay such balance first to the lienholder, if none, then to the registered owner. If neither address is known, he shall deposit the same with the clerk of the said balance in a bank in the name of the justice of the district court in trust for said owner of the motor vehicle.

SECTION 6. Section 39A of chapter 255 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out all of the sections after the first sentence ending in line 8 and inserting thereof the following sentence: - "Provisions for notification of owners and lienholders of such vehicles, and for lien thereon and disposition thereof by sale shall be the same as those contained in M.G.L. c. 159B, section 6B."

SECTION 7. Section 29 of chapter 266 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out lines 6-52 and inserting in place thereof the following:-"Whenever a stolen or misappropriated motor vehicle is recovered by a police officer or other law enforcement officer, the police department shall notify the registry of motor vehicles. Provisions for notification of owners and lienholders of such vehicles and for lien thereon and disposition thereof by sale shall be the same as those contained in G.L. c. 159B, section 6B."