S 2779

SENATE . . . . . . . . . . . . . . No. 2779
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
  SENATE, December 8, 2025.
   The committee on Telecommunications, Utilities and Energy to whom was referred the
petition (accompanied by bill, Senate, No. 2235) of William N. Brownsberger for legislation
relative to towing protections, report the accompanying bill (Senate, No. 2779).
  For the committee,
  Michael J. Barrett
  FILED ON: 11/25/2025
  SENATE . . . . . . . . . . . . . . No. 2779
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
An Act relative to towing protections.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1SECTION 1. Section 2 of Chapter 159B of the General Laws, as appearing in the 2024
2 Official Edition, is hereby amended by striking the definition of “Commissioners” and inserting
3 in place thereof the following definition:- “the commissioners of the department of public
4 utilities”;
5and further by striking the definition of “Department” and inserting in place therefore the
6 following definition:- “the department of public utilities”.
7SECTION 2. Section 6B of said Chapter 159B as so appearing is hereby amended by
8 inserting in the first paragraph after the words “towing away” the following words:- “and
9 storage”;
10and further by inserting in the first paragraph after the word “authority” the following
11 words:- “or is removed from a private way or upon an improved or enclosed property by a
12 person with lawful control of such way or property pursuant to section one hundred twenty D of
13 chapter two hundred sixty-six";
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14and further by inserting at the beginning of the second paragraph after the word “The” the
15 following words-: “department shall determine the maximum 24 hours period storage”;
16and further by striking out in the second paragraph after the word “persons” the words-:
17 “, shall be $35 per twenty-four hour period thereof,”;
18and further by inserting at the beginning of the third paragraph after the word
19 “maximum” the following word:- “storage”;
20and further by striking out at the beginning of the third paragraph the word “herein,” and
21 inserting in place thereof the following words:- “by the department”;
22and further by inserting at the end of the third paragraph the following words: “No other
23 charges may be assessed for or in conjunction with the towing, transportation, or storage of a
24 vehicle, unless authorized by the department. The person lawfully storing a towed vehicle shall
25 provide an invoice of itemized removal and storage charges to the vehicle owner consistent with
26 any requirements as set forth by the department.”;
27and further by inserting after the third paragraph the following three paragraphs:-
28The motor vehicle storage facility shall allow the owner of a vehicle, of which the motor
29 vehicle storage facility is lawfully in possession, to remove any possessions in that vehicle that
30 are not attached to it and shall do so at no charge to the vehicle owner and without requirement
31 of any further payment.
32The motor vehicle storage facility shall post in a conspicuous place on the premises and
33 visible from the street, the days and hours that a motor vehicle owner may retrieve a vehicle from
34 the storage yard; and shall file said days and hours, including any changes made, with the
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35 department. Any motor vehicle storage facility that maintains a website shall post on its website
36 such days and hours that a motor vehicle owner may retrieve their vehicle from a storage yard.
37 The department may promulgate regulations requiring motor vehicle storage facilities to post in a
38 conspicuous place a notice to customers of other requirements in this chapter.
39Any person engaged in the towing away, transportation, and storage of motor vehicles
40 shall accept, within the tow vehicle, being operated, and on the premises of a motor vehicle
41 storage facility, the following methods of payment for vehicle removal and storage charges:
42 credit or debit card payments, or cash payment. Such person shall accept payments by any
43 mobile application or digital platform that facilitates electronic money transfers if they ordinarily
44 accept such method of payment within the tow vehicle being operated or on the premises or the
45 motor vehicle storage facility. No such person may impose a surcharge on a cardholder who
46 elects to use a credit card, debit card, or any electronic money transfer in lieu of payment by
47 cash.
48and further by striking out in the fourth paragraph the words “and transportation charges
49 as established by the department and storage charges as established by this section” and inserting
50 in place thereof the following words:- “and transportation and storage charges as established by
51 the department”.
52SECTION 3. Section 120D of Chapter 266 of the General Laws, as so appearing, is
53 hereby amended in the first paragraph by striking out the words “posted notice” and inserting in
54 place therefore the following words:- “a posted notice that shall include current removal and
55 storage fees as defined by the department of public utilities”;
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56and further in the first paragraph by striking the following words:- “unless otherwise
57 specified by such chief of police or police commissioner.”;
58and further by inserting in the first paragraph after the words “shall include” the
59 following words:- “a photograph of the vehicle parking or standing on the private way,”;
60and further by inserting after the first paragraph the following paragraph:-
61Any person engaged in the towing away, transportation, and storage of motor vehicles
62 shall accept, within the tow vehicle, being operated, and on the premises of a motor vehicle
63 storage facility, the following methods of payment for vehicle removal and storage charges:
64 credit or debit card payments, or cash payment. Such person shall accept payments by any
65 mobile application or digital platform that facilitates electronic money transfers if they ordinarily
66 accept such method of payment within the tow vehicle being operated or on the premises or the
67 motor vehicle storage facility. No such person may impose a surcharge on a cardholder who
68 elects to use a credit card, debit card, or any electronic money transfer in lieu of payment by
69 cash.;
70and further in the fourth paragraph, subpart (1), by striking out the following words:-
71 “department of telecommunications and energy” and inserting in place thereof the following
72 words:- “department of public utilities”;
73and further by inserting at the end of the fifth paragraph the following words:- “The
74 person lawfully storing a towed vehicle shall provide an invoice of itemized removal and storage
75 chargers to the vehicle owner consistent with any requirement as set forth by the department of
76 public utilities.”;
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77and further in the sixth paragraph by striking out the following words:- “may, at his
78 discretion if the owner appears to remove said vehicle before the towing is completed, charge
79 said owner one half of the fee usually charged for such towing” and inserting in place therefor
80 the following words:- “shall, if the owner appears to remove said vehicle before the towing is
81 completed, charge said owner the fee usually charged for such towing.”
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