Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2101 Compare Versions

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22 HOUSE DOCKET, NO. 333 FILED ON: 1/12/2023
33 HOUSE . . . . . . . . . . . . . . . No. 2101
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Angelo J. Puppolo, Jr.
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to outstanding fines, fees, penalties, or costs related to the use of fireworks or
1313 pyrotechnics in the city of Springfield.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Angelo J. Puppolo, Jr.12th Hampden1/11/2023 1 of 3
1717 HOUSE DOCKET, NO. 333 FILED ON: 1/12/2023
1818 HOUSE . . . . . . . . . . . . . . . No. 2101
1919 By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 2101) of
2020 Angelo J. Puppolo, Jr. (with the approval of the mayor and city council) relative to outstanding
2121 fines, fees, penalties, or costs related to the use of fireworks or pyrotechnics in the city of
2222 Springfield. Municipalities and Regional Government. [Local Approval Received.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act relative to outstanding fines, fees, penalties, or costs related to the use of fireworks or
2929 pyrotechnics in the city of Springfield.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 SECTION 1. Notwithstanding any general or special law to the contrary, in the city of
3333 2Springfield if an outstanding fine, fee, penalty or cost related to or assessed as a result of the
3434 3violation of any ordinance of the City of Springfield relative to the use or possession of fireworks
3535 4or pyrotechnics, collectively referred to hereafter as "outstanding fireworks related collections
3636 5owed", remains paid for fourteen (14) days after a demand therefor made more than 1 day after
3737 6the outstanding fireworks related collections owed becomes due and payable, and if the tax
3838 7collector of the city of Springfield elects to utilize the services of a deputy collector, then the
3939 8deputy collector or the tax collector, as the case may be, shall send a notice of warrant to person
4040 9owing the outstanding fireworks related collection in order to collect the delinquency. In the
4141 10event that the delinquency is not paid within thirty (30) days to the notice of warrant, then a
4242 11service warrant shall be made. If the delinquency remains unpaid after the service of warrant 2 of 3
4343 12then the deputy collector may, at the discretion of the tax collector, return the uncollected
4444 13warrants of those delinquencies to the tax collector. The tax collector or a designee, as the case
4545 14may be, may at any time transmit, but at least on an annual basis, to the police commissioner of
4646 15the police department of the city of Springfield, in a form approved by the police commissioner,
4747 16notice of the nonpayment, specifying the name and address of the person to whom the
4848 17delinquency is assessed, the amount due and all interest thereon and costs relative thereto and
4949 18identifying information as to any motor vehicle(s) or, trailer(s) owned in the name of the person
5050 19owing the outstanding fireworks related collection assessed and remaining delinquent, which was
5151 20used in the course of the underlying Ordinance violation resulting in the fine, fee, penalty or cost
5252 21at issue; provided, however, that no notice shall be transmitted to the police commissioner under
5353 22this section at a time when there is a pending appeal of an underlying outstanding fireworks or
5454 23pyrotechnics fine, fee, penalty or cost as the case may be.
5555 24 Upon receipt of the notice of non-payment, the Springfield police department, or its
5656 25designee, may remove said motor vehicle(s) or trailer(s) in the name of the of the person so
5757 26assessed that is parked or standing in a public way within the city of Springfield to, and store in,
5858 27a convenient place in the city until all charges lawfully imposed for the removal and storage have
5959 28been paid and due notice has been received that either the delinquency provided in the warrants
6060 29has been paid or security for the payment thereof has been deposited. Notice shall be made to the
6161 30registered owner of the vehicle at the time of the service of warrant. Vehicles shall be eligible for
6262 31impoundment twenty-two (22) days after the notice.
6363 32 Under section 8 of chapter 135 of the General Laws, if the motor vehicle or trailer
6464 33remains unclaimed in the possession of the police department of the city of Springfield, or its
6565 34designee, for 1 month and the owner thereof or the owner's place of abode or business is 3 of 3
6666 35unknown, or if the owner and the owner's place of abode or business are known and the owner,
6767 36after receipt by registered mail of a written notice from the department or member to take
6868 37possession of the property, refuses or fails to take possession for a period of 10 days following
6969 38the receipt, the police department or its designee may sell the same, by public auction or any
7070 39other licensed auction service, including sale over the internet, with notice of the time and place
7171 40of sale and a description of the property to be sold, first being given by publishing the same once
7272 41in each of three (3) successive weeks in a newspaper published in the city of Springfield.
7373 42 SECTION 2. This act shall take effect upon its passage.