Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3314 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 2
2	2	HOUSE DOCKET, NO. 3030 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3314
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Brandy Fluker Oakley
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to end debt-based driving restrictions and remove economic roadblocks.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker Oakley12th Suffolk1/19/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/31/2023Christopher J. Worrell5th Suffolk1/31/2023Sean Garballey23rd Middlesex1/31/2023Steven Ultrino33rd Middlesex1/31/2023Lindsay N. Sabadosa1st Hampshire1/31/2023Steven Owens29th Middlesex1/31/2023Vanna Howard17th Middlesex1/31/2023Jack Patrick Lewis7th Middlesex1/31/2023Michael D. BradySecond Plymouth and Norfolk1/31/2023Marcus S. Vaughn9th Norfolk2/1/2023Kay Khan11th Middlesex2/1/2023Erika Uyterhoeven27th Middlesex2/1/2023David Paul Linsky5th Middlesex2/1/2023Patricia A. Duffy5th Hampden2/2/2023Andres X. Vargas3rd Essex2/2/2023Christine P. Barber34th Middlesex2/3/2023Susannah M. Whipps2nd Franklin2/3/2023 2 of 2
16	16	Samantha Montaño15th Suffolk2/6/2023Adrian C. Madaro1st Suffolk2/6/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/6/2023Jon Santiago9th Suffolk2/6/2023Carol A. Doherty3rd Bristol2/6/2023Colleen M. Garry36th Middlesex2/8/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023Thomas M. Stanley9th Middlesex2/9/2023Paul McMurtry11th Norfolk2/9/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/13/2023Orlando Ramos9th Hampden2/13/2023Michelle M. DuBois10th Plymouth2/13/2023Rob Consalvo14th Suffolk2/14/2023Jay D. Livingstone8th Suffolk2/14/2023James B. EldridgeMiddlesex and Worcester2/16/2023Brian W. Murray10th Worcester2/17/2023Josh S. Cutler6th Plymouth2/17/2023Mindy Domb3rd Hampshire2/25/2023James J. O'Day14th Worcester2/28/2023Paul R. FeeneyBristol and Norfolk3/5/2023Natalie M. Higgins4th Worcester3/14/2023 1 of 13
17	17	HOUSE DOCKET, NO. 3030 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 3314
19	19	By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 3314)
20	20	of Brandy Fluker Oakley and others relative providing notices and taking certain other actions to
21	21	reduce debt-based driving restrictions. Transportation.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to end debt-based driving restrictions and remove economic roadblocks.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 2A of chapter 60A of the General Laws, is hereby amended in the
31	31	2second paragraph after the word “renew”, in lines 31-32, by striking out the words “the license to
32	32	3operate a motor vehicle of the registered owner of said vehicle or”.
33	33	4 SECTION 2. Section 47B of chapter 62C of the General Laws is hereby repealed.
34	34	5 SECTION 3. Section 20A of chapter 90, of the General Laws, is hereby further amended
35	35	6by adding after the fifth paragraph following paragraphs:-
36	36	7 To facilitate efficient payment of violations under this section, the Parking Clerk shall
37	37	8electronically notify any driver who has an unpaid assessment on the following schedule: not less
38	38	9than one week after the citation is issued, seven days before the assessment becomes due, and on
39	39	10the date the assessment is due. The notice shall be sent by text message and electronic mail to
40	40	11any phone number and email address provided by the driver of the vehicle. 2 of 13
41	41	12 Said notice shall include the amount of the assessment, the date due for payment,
42	42	13instructions on how to pay the assessment, and information regarding the right to request a
43	43	14noncriminal hearing to contest responsibility or request a reduction or waiver of the assessment
44	44	15based on financial hardship.
45	45	16 SECTION 4. Section 20A of chapter 90, of the General Laws, is hereby further amended
46	46	17by striking out the seventh and eighth paragraphs, and inserting the following paragraph:-
47	47	18 If any person fails to appear in accordance with said notice, the parking clerk shall notify
48	48	19the registrar of motor vehicles who shall place the matter on record and, upon receipt of two or
49	49	20more such notices, shall not renew the license to operate a motor vehicle of the registered owner
50	50	21of the vehicle or the registration of said vehicle until after notice from the parking clerk that all
51	51	22such matters have been disposed of in accordance with law. No further fees shall be assessed
52	52	23against the registered owner of said vehicle. It shall be the duty of the parking clerk to notify the
53	53	24registrar forthwith that such case has been disposed of in accordance with law, provided
54	54	25however, that a certified receipt of full and final payment from the parking clerk of the city or
55	55	26town in which the violation occurred or a certified copy of a financial hardship fee waiver
56	56	27granted in accordance to section 3 of chapter 90C shall also serve as legal notice to the registrar
57	57	28that said violation has been so disposed of. The notice to appear provided herein shall be printed
58	58	29in such form as the registrar of motor vehicles may approve. The parking clerk shall distribute
59	59	30such notices to the commanding officer of the police department of the city or town upon
60	60	31request, and shall take a receipt therefor. The registrar shall approve such other forms as he
61	61	32deems appropriate to implement this section, and said forms shall be printed and used by the
62	62	33cities and towns. 3 of 13
63	63	34 SECTION 5. Section 20A of chapter 90, of the General Laws, is hereby further amended
64	64	35in the eleventh paragraph after the words “violation by mail,”, in line 183, by inserting the
65	65	36words:-
66	66	37 and the procedure to request a noncriminal hearing to determine an assessment reduction
67	67	38or waiver based on financial hardship
68	68	39 SECTION 6. Section 20A of chapter 90, of the General Laws, is hereby further amended
69	69	40by inserting at the end the following paragraphs:-
70	70	41 Any person notified to appear before the parking clerk, as provided herein, may appear
71	71	42before such parking clerk or their designee and request a noncriminal hearing to determine an
72	72	43assessment reduction based on hardship, either personally or through an agent duly authorized in
73	73	44writing or by mailing to such parking clerk a signed request. The parking clerk shall notify the
74	74	45clerk-magistrate of the district court for the judicial district in which the parking violation
75	75	46occurred of such request for a noncriminal hearing, in such manner as the chief justice of the
76	76	47district court department and the parking clerk shall jointly determine. The assessment shall be
77	77	48reduced or waived if the magistrate or justice determines that the assessment will cause
78	78	49substantial financial hardship to the violator or the family or dependents thereof.
79	79	50 If the violator is a recipient of any needs-based public assistance or meets the definition
80	80	51of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S.
81	81	52Department of Housing and Urban Development (HUD) very low income limit, all fees,
82	82	53including but not limited to administrative and late fees, shall be waived and the remaining
83	83	54assessment shall be reduced according to the schedule set forth in subsection (A)(4) of section 3
84	84	55of chapter 90C of the General Laws. 4 of 13
85	85	56 SECTION 7. Section 22 of chapter 90, of the General Laws, is hereby amended by
86	86	57striking out paragraph (h).
87	87	58 SECTION 8. Section 22G of chapter 90of the General Laws of the General Laws is
88	88	59hereby repealed.
89	89	60 SECTION 9. Section 23 of chapter 90, of the General Laws, is hereby amended by
90	90	61striking the first two paragraphs and inserting in place thereof the following paragraphs:-
91	91	62 Any person convicted of operating a motor vehicle after their license to operate has been
92	92	63suspended or revoked, or after notice of the suspension or revocation of their right to operate a
93	93	64motor vehicle without a license has been issued by the registrar and received by such person or
94	94	65by their agent or employer, and prior to the restoration of such license or right to operate or to the
95	95	66issuance to their of a new license to operate, and any person convicted of operating or causing or
96	96	67permitting any other person to operate a motor vehicle after the certificate of registration for such
97	97	68vehicle has been suspended or revoked and prior to the restoration of such registration or to the
98	98	69issuance of a new certificate of registration for such vehicle , or whoever exhibits to an officer
99	99	70authorized to make arrests, when requested by said officer to show their license, a license issued
100	100	71to another person with intent to conceal their identity, shall, except as provided by section
101	101	72twenty-eight of chapter two hundred and sixty-six, be punished by a fine of not more than five
102	102	73hundred dollars, and any person who attaches or permits to be attached to a motor vehicle or
103	103	74trailer a number plate assigned to another motor vehicle or trailer, or who obscures or permits to
104	104	75be obscured the figures on any number plate attached to any motor vehicle or trailer, or who fails
105	105	76to display on a motor vehicle or trailer the number plate and the register number duly issued
106	106	77therefor, with intent to conceal the identity of such motor vehicle or trailer, shall be punished by 5 of 13
107	107	78a fine of not more than one hundred dollars. Any person convicted of operating a motor vehicle
108	108	79after their license to operate has been revoked by reason of their having been found to be an
109	109	80habitual traffic offender, as provided in section twenty-two F, or after notice of such revocation
110	110	81of their right to operate a motor vehicle without a license has been issued by the registrar and
111	111	82received by such person or by their agent or employer, and prior to the restoration of such license
112	112	83or right to operate or the issuance to their of a new license to operate shall be punished by a fine
113	113	84of not less than five hundred nor more than five thousand dollars or by imprisonment for not
114	114	85more than two years, or both. In no case shall a person be prosecuted for operating after
115	115	86suspension or revocation of a license upon a failure to pay an administrative reinstatement fee.
116	116	87 Notwithstanding the preceding paragraph or any other general or special law to the
117	117	88contrary, whoever has been found responsible for or convicted of, or against whom a finding of
118	118	89delinquency or a finding of sufficient facts to support a conviction has been rendered on, a
119	119	90complaint charging a violation of operating a motor vehicle after their license to operate has been
120	120	91suspended or revoked, or after notice of the suspension or revocation of their right to operate a
121	121	92motor vehicle without a license has been issued by the registrar and received by such person or
122	122	93by their agent or employer, and prior to the restoration of such license or right to operate or to the
123	123	94issuance to their of a new license to operate shall be punished by a fine of not more than $500.
124	124	95This paragraph shall not apply to any person who is charged with operating a motor vehicle after
125	125	96their license to operate has been suspended or revoked pursuant to a violation of paragraph (a) of
126	126	97subdivision (1) of section 24, or section 24D, 24E, 24G, 24L or 24N, of this chapter, subsection
127	127	98(a) of section 8 or section 8A or 8B of chapter 90B, section 8, 9 or 11 of chapter 90F or after
128	128	99notice of such suspension or revocation of their right to operate a motor vehicle without a license
129	129	100has been issued and received by such person or by their agent or employer, and prior to the 6 of 13
130	130	101restoration of such license or right to operate or the issuance to their of a new license or right to
131	131	102operate because of any such violation.
132	132	103 SECTION 10. Section 23 of chapter 90, of the General Laws, is hereby further amended
133	133	104by striking out the sixth and seventh paragraphs.
134	134	105 SECTION 11. Section 26A of chapter 90, of the General Laws, is hereby amended by
135	135	106striking out the last sentence of paragraph (a).
136	136	107 SECTION 12. Section 27 of chapter 90, of the General Laws, is hereby amended by
137	137	108inserting at the end the following paragraphs:
138	138	109 In any case where a violator owes an assessment, such violator may request a waiver or
139	139	110reduction of the assessment. The assessment shall be reduced or waived if the magistrate or
140	140	111justice determines that the assessment will cause substantial financial hardship to the violator or
141	141	112the family or dependents thereof.
142	142	113 If the violator is a recipient of any needs-based public assistance or meets the definition
143	143	114of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S.
144	144	115Department of Housing and Urban Development (HUD) very low income limit, all fees,
145	145	116including but not limited to administrative and late fees, shall be waived and the remaining
146	146	117assessment shall be reduced according to the schedule set forth in subsection (A)(4) of section 3
147	147	118of chapter 90C of the General Laws.
148	148	119 SECTION 13. Section 33 of said chapter 90, of the General Laws, is hereby amended by
149	149	120inserting at the end of paragraph thirty-six, the following sentence:- 7 of 13
150	150	121 An applicant for license reinstatement may request a fee reduction or waiver based on
151	151	122financial hardship as determined by section 3 of chapter 90C.
152	152	123 SECTION 14. Section 34J of chapter 90, of the General Laws, is hereby amended by
153	153	124striking out the third paragraph and inserting in place thereof the following paragraph:-
154	154	125 Any person who is convicted of, or who enters a plea of guilty to a violation of this
155	155	126section shall be liable to the plan organized pursuant to section one hundred and thirteen H of
156	156	127chapter one hundred and seventy-five in the amount of the greater of five hundred dollars or one
157	157	128year's premium for compulsory motor vehicle insurance for the highest rated territory and class
158	158	129or risk in effect at the time of the commission of the offense. Said liability shall be in addition to
159	159	130all other liabilities imposed on the person so convicted or so pleading whether civil or criminal.
160	160	131The said plan shall apply any sums collected hereunder, to defray its costs of collection and to
161	161	132defray in whole or in part its expenses for preventing fraud and arson. Furthermore, any person
162	162	133who is convicted of, or enters a plea of guilty to a violation of this section shall have their motor
163	163	134vehicle registration suspended upon the registrar's receipt of notification from the clerk of any
164	164	135court which enters any conviction hereunder or which accepts such plea of guilty until said
165	165	136person provides the registrar with proof of a motor vehicle liability policy in accordance with the
166	166	137provisions of this chapter. The clerk of any court which enters any conviction hereunder or
167	167	138which accepts such plea shall promptly notify the registrar of motor vehicles and the
168	168	139Commonwealth Auto Reinsurers pursuant to section one hundred and thirteen of chapter one
169	169	140hundred and seventy-five or any successor thereto of such entry of acceptance of such plea. 8 of 13
170	170	141 SECTION 15. Section 3 of chapter 90C, of the General Laws is hereby amended by
171	171	142inserting in the second paragraph after the words “contest responsibility for the infraction,”, in
172	172	143lines 11-12, the following words:-
173	173	144 or request an assessment reduction or waiver based on financial hardship
174	174	145 SECTION 16. Section 3 of chapter 90C, of the General Laws, is hereby further amended
175	175	146by adding after paragraph (A)(3) the following paragraphs:-
176	176	147 To facilitate efficient payment of citations under this section, the Registry of Motor
177	177	148Vehicles shall electronically notify any driver who has an unpaid assessment on the following
178	178	149schedule: not less than one week after the citation is issued, seven days before the assessment
179	179	150becomes due, and on the date the assessment is due. The notice shall be sent by text message and
180	180	151electronic mail to any phone number and email address provided by the driver of the vehicle.
181	181	152 Said notice shall include the amount of the assessment, the date due for payment,
182	182	153instructions on how to pay the assessment, and information regarding the right to request a
183	183	154noncriminal hearing to contest responsibility or request a reduction or waiver of the assessment
184	184	155based on financial hardship.
185	185	156 SECTION 17. Section 3 of chapter 90C, of the General Laws, is hereby further amended
186	186	157by striking out the first paragraph of (A)(4) and inserting in place thereof the following
187	187	158paragraph:
188	188	159 (4) A violator may request an assessment reduction or waiver or contest responsibility for
189	189	160the infraction by making a signed request for a noncriminal hearing on the citation and mailing
190	190	161such citation, together with a $25 court filing fee, to the registrar at the address indicated on the 9 of 13
191	191	162citation within 20 days of the citation. The court filing fee shall be waived if the violator is
192	192	163requesting an assessment reduction. Notwithstanding any general or special law to the contrary,
193	193	164the registrar, in cooperation with the state comptroller, upon receipt of the $25 court filing fee,
194	194	165shall immediately cause the court filing fee to be transferred to the trial court department to be
195	195	166held as retained revenue; provided, however, that the registrar may retain from the court filing
196	196	167fees an amount not greater than $200,000 for fiscal year 2011 for information technology
197	197	168associated with the implementation of this section; and provided, further that the registrar may
198	198	169retain an amount not greater than $100,000 annually for personnel costs associated with the
199	199	170processing of those filing fees.
200	200	171 SECTION 18. Section 3 of chapter 90C, of the General Laws, is hereby further amended
201	201	172by inserting at the end of the second paragraph of (A)(4) the following sentence:-
202	202	173 This paragraph shall not apply to a violator requesting an assessment reduction or waiver.
203	203	174 SECTION 19. Section 3 of chapter 90C, of the General Laws, is hereby further amended
204	204	175by inserting in the eighth paragraph of (A)(4) after the words “imposed assessment” the
205	205	176following words:-
206	206	177 or the violator requests an assessment reduction or waiver
207	207	178 SECTION 20. Section 3 of chapter 90C, of the General Laws, is hereby further amended
208	208	179by inserting at the end of (A)(4) the following paragraphs:-
209	209	180 In any case where a violator owes an assessment, such violator may request a
210	210	181noncriminal hearing to determine a reduction or waiver of the assessment. In any such hearing, 10 of 13
211	211	182the magistrate or justice shall reduce or waive the assessment if the assessment will cause
212	212	183substantial financial hardship to the violator or the family or dependents thereof.
213	213	184 If the violator is a recipient of any needs-based public assistance or meets the definition
214	214	185of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S.
215	215	186Department of Housing and Urban Development (HUD) very low income limit, all fees,
216	216	187including but not limited to administrative and late fees, shall be waived and the remaining
217	217	188assessment shall be reduced according to the following schedule:
218	218	189 (a) If the violator is currently in receipt of any needs-based public assistance or benefit or
219	219	190meets the definition of “indigency” under section 2 of chapter 211D, the remaining assessment
220	220	191shall be reduced to no more than 1% of said violator’s monthly income or $5, whichever is
221	221	192lower.
222	222	193 (b) If the violator earns 101-200% of the HUD very low income limit, the remaining
223	223	194assessment shall be reduced by 75%.
224	224	195 (c) If the violator earns 201-300% of the HUD very low income limit, the remaining
225	225	196assessment shall be reduced by 50%.
226	226	197 (d) If the violator earns 301-400% of the HUD very low income limit, the remaining
227	227	198assessment shall be reduced by 25%.
228	228	199 If the violator earns over 400% of the HUD very low income limit and the magistrate or
229	229	200justice finds that imposing the original assessment would cause financial hardship to the violator
230	230	201or the family or dependents thereof, all fees, including but not limited to administrative and late 11 of 13
231	231	202fees, shall be waived or reduced and the remaining assessment may be reduced by an amount
232	232	203determined by the magistrate or justice.
233	233	204 In determining the violator’s earnings, the magistrate or justice shall calculate the
234	234	205violator’s current total monthly income, including wages and excluding any child support or
235	235	206Supplemental Security Income (SSI), and determine the number of persons in the family. In
236	236	207making these determinations, the magistrate or justice shall use the information provided by the
237	237	208violator.
238	238	209 SECTION 21. Section 3 of chapter 90C, of the General Laws, is hereby further amended
239	239	210by striking (A)(6)(a)(ii) and inserting in place thereof the following paragraphs:-
240	240	211 (ii) fails to appear for a noncriminal hearing before a magistrate or a justice at the time
241	241	212required after having been given notice of such hearing either personally or by first class mail
242	242	213directed to such violator's mail address as reported to the registrar and after notice of such failure
243	243	214has been given to the registrar by the clerk-magistrate, the registrar shall notify such violator by
244	244	215first class mail directed to such violator's mail address that unless and until the violator appears
245	245	216for a noncriminal hearing before a magistrate or justice or pays to the registrar the full amount of
246	246	217the scheduled or imposed assessments for such civil motor vehicle infractions, plus any late fees
247	247	218or other administrative fees provided for by law or regulation:
248	248	219 (AA) in the case of an operator violation, any license to operate a motor vehicle issued to
249	249	220such violator by the registrar will not be renewed upon or after the expiration date of such
250	250	221license; or
251	251	222 (BB) in the case of an owner violation, any registration of a motor vehicle issued to such
252	252	223violator by the registrar will not be renewed upon or after the expiration date of such registration. 12 of 13
253	253	224 Unless such notice is sooner cancelled by the registrar, in the case of an operator
254	254	225violation, such violator's operators license, learners permit or right to operate, or in the case of an
255	255	226owner violation any registration of a motor vehicle issued to such violator by the registrar, shall
256	256	227be renewed by the registrar upon payment of the scheduled or imposed assessments for such civil
257	257	228motor vehicle infractions, plus any late fees or other administrative fees which the registrar is
258	258	229required or authorized by law or regulation to impose, unless such fees are waived in whole or in
259	259	230part by the registrar or a magistrate or justice.
260	260	231 The registrar shall waive all late fees and administrative fees, including reinstatement
261	261	232fees, for any violator who is a recipient of any needs-based public assistance or meets the
262	262	233definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the
263	263	234U.S. Department of Housing and Urban Development (HUD) very low income limit.
264	264	235 SECTION 22. Section 3 of chapter 90C, of the General Laws, is hereby further amended
265	265	236by striking out paragraph (A)(6)(b).
266	266	237 SECTION 23. Section 3 of chapter 90C, of the General Laws, is hereby further amended
267	267	238by striking out the paragraph after (B)(3)(c) and inserting in place thereof the following
268	268	239paragraph:-
269	269	240 Upon receipt of such notice, the registrar shall send a notice to the violator’s mail address
270	270	241or last known address notifying the violator that said violator may not renew, apply for or receive
271	271	242any operators license, learners permit, certificate of registration or title, number plate, sticker,
272	272	243decal or other item issued by the registrar unless and until the violator presents the registrar with
273	273	244a certificate of the clerk-magistrate of the court that the matter has been fully disposed of in
274	274	245accordance with law or, in the case of a matter still pending before the court, that the violator is 13 of 13
275	275	246attending to the matter to the satisfaction of the court. The court shall not unreasonably withhold
276	276	247such certificate. The registrar shall cancel such revocation, and so notify the court, if satisfied
277	277	248that it resulted through error of the registrar or the court.
278	278	249 SECTION 24. Section 2A of chapter 211D, of the General Laws, is hereby amended by
279	279	250striking out paragraph (h) and inserting in place thereof the following paragraph:-
280	280	251 (h) The clerk of the court shall, within 60 days of appointment of counsel, report to the
281	281	252department of revenue and the department of transitional assistance the amount of any legal
282	282	253counsel fee owed by the person for whom counsel was appointed under this chapter. The
283	283	254department of revenue shall intercept payment of such fee from tax refunds due to persons who
284	284	255owe all or a portion of such fee.
285	285	256 SECTION 25. Notwithstanding any general or special law to the contrary, within three
286	286	257months of the effective date of this act the registrar of motor vehicles shall reinstate all licenses,
287	287	258privileges to operate a motor vehicle and registrations suspended or revoked based upon
288	288	259penalties pursuant to: section 2A of chapter 60A; section 47B of chapter 62C; sections 20A,
289	289	26022G, 26A, and 34J of chapter 90; section 3 of chapter 90C; or section 2A of chapter 211D.
290	290	261 The registrar shall notify such persons by first class mail directed to such person's mail
291	291	262address of the reinstatement of their license, privileges to operate a motor vehicle and
292	292	263registration, along with an account of any unpaid assessments, instructions on how to pay such
293	293	264assessments, and information regarding the right to request a noncriminal hearing to contest
294	294	265responsibility or request a reduction or waiver of assessments based on financial hardship.