Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2224 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 436 FILED ON: 1/15/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2224
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
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 improve RMV fee payment, equity, and road safety.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsSal N. DiDomenicoMiddlesex and Suffolk2/7/2023 1 of 13
16	16	SENATE DOCKET, NO. 436 FILED ON: 1/15/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2224
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2224) of Julian Cyr and Sal N.
19	19	DiDomenico for legislation to improve RMV fee payment, equity, and road safety.
20	20	Transportation.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2304 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to improve RMV fee payment, equity, and road safety.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 2A of chapter 60A, as appearing in the 2020 Official Edition, is
32	32	2hereby amended in the second paragraph after the word “renew”, in lines 31-32, by striking out
33	33	3the words “the license to operate a motor vehicle of the registered owner of said vehicle or”.
34	34	4 SECTION 2. Section 47B of chapter 62C is hereby repealed.
35	35	5 SECTION 3. Section 20A of chapter 90, as appearing in the 2020 Official Edition, is
36	36	6hereby amended by striking out at the end of the third paragraph the words:-
37	37	7 “Failure to obey this notice within twenty-one days after the date of violation may result
38	38	8in the non-renewal of the license to drive and the certificate of registration of the registered
39	39	9owner.” 2 of 13
40	40	10 SECTION 4. Said section 20A of said chapter 90, as so appearing, is hereby further
41	41	11amended by adding after the fifth paragraph following paragraph:-
42	42	12 To facilitate efficient payment of violations under this section, the Parking Clerk shall
43	43	13electronically notify any driver who has an unpaid assessment on the following schedule: not less
44	44	14than one week after the citation is issued, seven days before the assessment becomes due, and on
45	45	15the date the assessment is due. The notice shall be sent by text message and electronic mail to
46	46	16any phone number and email address provided by the driver of the vehicle.
47	47	17 Said notice shall include the amount of the assessment, the date due for payment,
48	48	18instructions on how to pay the assessment, and information regarding the right to request a
49	49	19noncriminal hearing to contest responsibility or request a reduction or waiver of the assessment
50	50	20based on financial hardship.
51	51	21 SECTION 5. Said section 20A, of said chapter 90, as so appearing, is hereby further
52	52	22amended by striking out the seventh and eighth paragraphs.
53	53	23 SECTION 6. Said section 20A, of said chapter 90, as so appearing, is hereby further
54	54	24amended in the eleventh paragraph after the words “violation by mail,”, in line 183, by inserting
55	55	25the words:-
56	56	26 and the procedure to request a noncriminal hearing to determine an assessment reduction
57	57	27or waiver based on financial hardship
58	58	28 SECTION 7. Said section 20A, of said chapter 90, as so appearing, is hereby further
59	59	29amended by inserting at the end the following paragraphs:- 3 of 13
60	60	30 Any person notified to appear before the parking clerk, as provided herein, may appear
61	61	31before such parking clerk or his designee and request a noncriminal hearing to determine an
62	62	32assessment reduction based on hardship, either personally or through an agent duly authorized in
63	63	33writing or by mailing to such parking clerk a signed request. The parking clerk shall notify the
64	64	34clerk-magistrate of the district court for the judicial district in which the parking violation
65	65	35occurred of such request for a noncriminal hearing, in such manner as the chief justice of the
66	66	36district court department and the parking clerk shall jointly determine. The assessment shall be
67	67	37reduced or waived if the magistrate or justice determines that the assessment will cause
68	68	38substantial financial hardship to the violator or the family or dependents thereof.
69	69	39 If the violator is a recipient of any needs-based public assistance or meets the definition
70	70	40of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S.
71	71	41Department of Housing and Urban Development (HUD) very low income limit, all fees,
72	72	42including but not limited to administrative and late fees, shall be waived and the remaining
73	73	43assessment shall be reduced according to the schedule set forth in subsection (A)(4) of section 3
74	74	44of chapter 90C of the General Laws.
75	75	45 SECTION 8. Section 22 of said chapter 90, as so appearing, is hereby amended by
76	76	46striking out paragraph (h).
77	77	47 SECTION 9. Section 22G of said chapter 90, as so appearing, is hereby repealed.
78	78	48 SECTION 10. Section 23 of said chapter 90, as so appearing, is hereby amended by
79	79	49striking the first paragraph and inserting in place thereof the following paragraphs:-
80	80	50 Any person convicted of operating a motor vehicle after his license to operate has been
81	81	51suspended or revoked, or after notice of the suspension or revocation of his right to operate a 4 of 13
82	82	52motor vehicle without a license has been issued by the registrar and received by such person or
83	83	53by his agent or employer, and prior to the restoration of such license or right to operate or to the
84	84	54issuance to him of a new license to operate, and any person convicted of operating or causing or
85	85	55permitting any other person to operate a motor vehicle after the certificate of registration for such
86	86	56vehicle has been suspended or revoked and prior to the restoration of such registration or to the
87	87	57issuance of a new certificate of registration for such vehicle , or whoever exhibits to an officer
88	88	58authorized to make arrests, when requested by said officer to show his license, a license issued to
89	89	59another person with intent to conceal his identity, shall, except as provided by section twenty-
90	90	60eight of chapter two hundred and sixty-six, be punished by a fine of not more than five hundred
91	91	61dollars, and any person who attaches or permits to be attached to a motor vehicle or trailer a
92	92	62number plate assigned to another motor vehicle or trailer, or who obscures or permits to be
93	93	63obscured the figures on any number plate attached to any motor vehicle or trailer, or who fails to
94	94	64display on a motor vehicle or trailer the number plate and the register number duly issued
95	95	65therefor, with intent to conceal the identity of such motor vehicle or trailer, shall be punished by
96	96	66a fine of not more than one hundred dollars. Any person convicted of operating a motor vehicle
97	97	67after his license to operate has been revoked by reason of his having been found to be an habitual
98	98	68traffic offender, as provided in section twenty-two F, or after notice of such revocation of his
99	99	69right to operate a motor vehicle without a license has been issued by the registrar and received by
100	100	70such person or by his agent or employer, and prior to the restoration of such license or right to
101	101	71operate or the issuance to him of a new license to operate shall be punished by a fine of not less
102	102	72than five hundred nor more than five thousand dollars or by imprisonment for not more than two
103	103	73years, or both. In no case shall a person be prosecuted for operating after suspension or
104	104	74revocation of a license upon a failure to pay an administrative reinstatement fee. 5 of 13
105	105	75 SECTION 11. Said section 23, of said section 90, as so appearing, is hereby further
106	106	76amended by striking the second paragraph and inserting in place thereof the following
107	107	77paragraph:-
108	108	78 Notwithstanding the preceding paragraph or any other general or special law to the
109	109	79contrary, whoever has been found responsible for or convicted of, or against whom a finding of
110	110	80delinquency or a finding of sufficient facts to support a conviction has been rendered on, a
111	111	81complaint charging a violation of operating a motor vehicle after his license to operate has been
112	112	82suspended or revoked, or after notice of the suspension or revocation of his right to operate a
113	113	83motor vehicle without a license has been issued by the registrar and received by such person or
114	114	84by his agent or employer, and prior to the restoration of such license or right to operate or to the
115	115	85issuance to him of a new license to operate shall be punished by a fine of not more than $500.
116	116	86This paragraph shall not apply to any person who is charged with operating a motor vehicle after
117	117	87his license to operate has been suspended or revoked pursuant to a violation of paragraph (a) of
118	118	88subdivision (1) of section 24, or section 24D, 24E, 24G, 24L or 24N, of this chapter, subsection
119	119	89(a) of section 8 or section 8A or 8B of chapter 90B, section 8, 9 or 11 of chapter 90F or after
120	120	90notice of such suspension or revocation of his right to operate a motor vehicle without a license
121	121	91has been issued and received by such person or by his agent or employer, and prior to the
122	122	92restoration of such license or right to operate or the issuance to him of a new license or right to
123	123	93operate because of any such violation.
124	124	94 SECTION 12. Said section 23, of said section 90, as so appearing, is hereby further
125	125	95amended by striking out the sixth paragraph. 6 of 13
126	126	96 SECTION 13. Said section 23, of said section 90, as so appearing, is hereby further
127	127	97amended by striking out the seventh paragraph.
128	128	98 SECTION 14. Section 26A of said chapter 90, as so appearing, is hereby amended by
129	129	99striking out the last sentence of paragraph (a).
130	130	100 SECTION 15. Section 27 of said chapter 90, as so appearing, is hereby amended by
131	131	101inserting at the end the following paragraphs:
132	132	102 In any case where a violator owes an assessment, such violator may request a waiver or
133	133	103reduction of the assessment. The assessment shall be reduced or waived if the magistrate or
134	134	104justice determines that the assessment will cause substantial financial hardship to the violator or
135	135	105the family or dependents thereof.
136	136	106 If the violator is a recipient of any needs-based public assistance or meets the definition
137	137	107of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S.
138	138	108Department of Housing and Urban Development (HUD) very low income limit, all fees,
139	139	109including but not limited to administrative and late fees, shall be waived and the remaining
140	140	110assessment shall be reduced according to the schedule set forth in subsection (A)(4) of section 3
141	141	111of chapter 90C of the General Laws.
142	142	112 SECTION 16. Section 33 of said chapter 90, as so appearing, is hereby amended by
143	143	113striking out paragraph thirty-six.
144	144	114 SECTION 17. Section 34J of said chapter 90, as so appearing, is hereby amended by
145	145	115striking out the third paragraph and inserting in place thereof the following paragraph:- 7 of 13
146	146	116 Any person who is convicted of, or who enters a plea of guilty to a violation of this
147	147	117section shall be liable to the plan organized pursuant to section one hundred and thirteen H of
148	148	118chapter one hundred and seventy-five in the amount of the greater of five hundred dollars or one
149	149	119year's premium for compulsory motor vehicle insurance for the highest rated territory and class
150	150	120or risk in effect at the time of the commission of the offense. Said liability shall be in addition to
151	151	121all other liabilities imposed on the person so convicted or so pleading whether civil or criminal.
152	152	122The said plan shall apply any sums collected hereunder, to defray its costs of collection and to
153	153	123defray in whole or in part its expenses for preventing fraud and arson. Furthermore, any person
154	154	124who is convicted of, or enters a plea of guilty to a violation of this section shall have his or her
155	155	125motor vehicle registration suspended upon the registrar's receipt of notification from the clerk of
156	156	126any court which enters any conviction hereunder or which accepts such plea of guilty until said
157	157	127person provides the registrar with proof of a motor vehicle liability policy in accordance with the
158	158	128provisions of this chapter. The clerk of any court which enters any conviction hereunder or
159	159	129which accepts such plea shall promptly notify the registrar of motor vehicles and the
160	160	130Commonwealth Auto Reinsurers pursuant to section one hundred and thirteen of chapter one
161	161	131hundred and seventy-five or any successor thereto of such entry of acceptance of such plea.
162	162	132 SECTION 18. Section 3 of chapter 90C, as appearing in the 2020 Official Edition, is
163	163	133hereby amended by inserting in the second paragraph after the words “contest responsibility for
164	164	134the infraction,”, in lines 11-12, the following words:-
165	165	135 or request an assessment reduction or waiver based on financial hardship 8 of 13
166	166	136 SECTION 19. Said section 3 of said chapter 90C , as so appearing, is hereby further
167	167	137amended by striking out the first paragraph of (A)(4) and inserting in place thereof the following
168	168	138paragraph:
169	169	139 (4) A violator may request an assessment reduction or waiver or contest responsibility for
170	170	140the infraction by making a signed request for a noncriminal hearing on the citation and mailing
171	171	141such citation, together with a $25 court filing fee, to the registrar at the address indicated on the
172	172	142citation within 20 days of the citation. The court filing fee shall be waived if the violator is
173	173	143requesting an assessment reduction. Notwithstanding any general or special law to the contrary,
174	174	144the registrar, in cooperation with the state comptroller, upon receipt of the $25 court filing fee,
175	175	145shall immediately cause the court filing fee to be transferred to the trial court department to be
176	176	146held as retained revenue; provided, however, that the registrar may retain from the court filing
177	177	147fees an amount not greater than $200,000 for fiscal year 2011 for information technology
178	178	148associated with the implementation of this section; and provided, further that the registrar may
179	179	149retain an amount not greater than $100,000 annually for personnel costs associated with the
180	180	150processing of those filing fees.
181	181	151 SECTION 20. Said section 3 of said chapter 90C, as so appearing, is hereby further
182	182	152amended by inserting at the end of the second paragraph of (A)(4) after the sentence “The
183	183	153registrar’s determination of such issue shall be final” the following sentence:-
184	184	154 This paragraph shall not apply to a violator requesting an assessment reduction or waiver.
185	185	155 SECTION 21. Said section 3 of said chapter 90C, as so appearing, is hereby further
186	186	156amended by inserting at in the eighth paragraph of (A)(4) after the words “imposed assessment”,
187	187	157in line 1010, the following words:- 9 of 13
188	188	158 or the violator requests an assessment reduction or waiver.
189	189	159 SECTION 22. Said section 3 of said chapter 90C , as so appearing, is hereby further
190	190	160amended by inserting at the end of (A)(4) the following paragraphs:-
191	191	161 In any case where a violator owes an assessment, such violator may request a
192	192	162noncriminal hearing to determine a reduction or waiver of the assessment. In any such hearing,
193	193	163the magistrate or justice shall reduce or waive the assessment if the assessment will cause
194	194	164substantial financial hardship to the violator or the family or dependents thereof.
195	195	165 If the violator is a recipient of any needs-based public assistance or meets the definition
196	196	166of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S.
197	197	167Department of Housing and Urban Development (HUD) very low income limit, all fees,
198	198	168including but not limited to administrative and late fees, shall be waived and the remaining
199	199	169assessment shall be reduced according to the following schedule:
200	200	170 (a) If the violator is currently in receipt of any needs-based public assistance or benefit or
201	201	171meets the definition of “indigency” under section 2 of chapter 211D, the remaining assessment
202	202	172shall be reduced to no more than 1% of said violator’s monthly income or $5, whichever is
203	203	173lower.
204	204	174 (b) If the violator earns 101-200% of the HUD very low income limit, the remaining
205	205	175assessment shall be reduced by 75%.
206	206	176 (c) If the violator earns 201-300% of the HUD very low income limit, the remaining
207	207	177assessment shall be reduced by 50%. 10 of 13
208	208	178 (d) If the violator earns 301-400% of the HUD very low income limit, the remaining
209	209	179assessment shall be reduced by 25%.
210	210	180 If the violator earns over 400% of the HUD very low income limit and the magistrate or
211	211	181justice finds that imposing the original assessment would cause financial hardship to the violator
212	212	182or the family or dependents thereof, all fees, including but not limited to administrative and late
213	213	183fees, shall be waived or reduced and the remaining assessment may be reduced by an amount
214	214	184determined by the magistrate or justice.
215	215	185 In determining the violator’s earnings, the magistrate or justice shall calculate the
216	216	186violator’s current total monthly income, including wages and excluding any child support or
217	217	187Supplemental Security Income (SSI), and determine the number of persons in the family. In
218	218	188making these determinations, the magistrate or justice shall use the information provided by the
219	219	189violator.
220	220	190 SECTION 23. Said section 3 of said chapter 90C, as so appearing, is hereby further
221	221	191amended in (A)(6)(a)(ii) after the words “unless and until the violator”, in line 129, the following
222	222	192words:-
223	223	193 appears for a noncriminal hearing before a magistrate or justice or
224	224	194 SECTION 24. Said section 3 of said chapter 90C, as so appearing, is hereby further
225	225	195amended in (A)(6)(a)(ii) by striking out subsection (i) and (ii) and inserting in place thereof the
226	226	196following paragraphs: 11 of 13
227	227	197 (AA) in the case of an operator violation, any license to operate a motor vehicle issued to
228	228	198such violator by the registrar will not be renewed upon or after the expiration date of such
229	229	199license; or
230	230	200 (BB) in the case of an owner violation, any registration of a motor vehicle issued to such
231	231	201violator by the registrar will not be renewed upon or after the expiration date of such registration.
232	232	202 Unless such notice is sooner cancelled by the registrar, in the case of an operator
233	233	203violation, such violator's operators license, learners permit or right to operate, or in the case of an
234	234	204owner violation any registration of a motor vehicle issued to such violator by the registrar, shall
235	235	205be renewed by the registrar upon payment of the scheduled or imposed assessments for such civil
236	236	206motor vehicle infractions, plus any late fees or other administrative fees which the registrar is
237	237	207required or authorized by law or regulation to impose, unless such fees are waived in whole or in
238	238	208part by the registrar or a magistrate or justice.
239	239	209 The registrar shall waive all late fees and administrative fees, including reinstatement
240	240	210fees, for any violator who is a recipient of any needs-based public assistance or meets the
241	241	211definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the
242	242	212U.S. Department of Housing and Urban Development (HUD) very low income limit.
243	243	213 SECTION 25. Said section 3 of said chapter 90C, as so appearing, is hereby further
244	244	214amended by adding after paragraph (A)(3) the following paragraph:-
245	245	215 To facilitate efficient payment of citations under this section, the Registry of Motor
246	246	216Vehicles shall electronically notify any driver who has an unpaid assessment on the following
247	247	217schedule: not less than one week after the citation is issued, seven days before the assessment 12 of 13
248	248	218becomes due, and on the date the assessment is due. The notice shall be sent by text message and
249	249	219electronic mail to any phone number and email address provided by the driver of the vehicle.
250	250	220 Said notice shall include the amount of the assessment, the date due for payment,
251	251	221instructions on how to pay the assessment, and information regarding the right to request a
252	252	222noncriminal hearing to contest responsibility or request a reduction or waiver of the assessment
253	253	223based on financial hardship.
254	254	224 SECTION 26. Said section 3 of said chapter 90C , as so appearing, is hereby further
255	255	225amended by striking out paragraph (A)(6)(b).
256	256	226 SECTION 27. Said section 3 of chapter 90C is hereby further amended by striking out
257	257	227the paragraph after (B)(3)(c) and inserting in place thereof the following paragraph:-
258	258	228 Upon receipt of such notice, the registrar shall send a notice to the violator’s mail address
259	259	229or last known address notifying the violator that said violator may not renew, apply for or receive
260	260	230any operators license, learners permit, certificate of registration or title, number plate, sticker,
261	261	231decal or other item issued by the registrar unless and until the violator presents the registrar with
262	262	232a certificate of the clerk-magistrate of the court that the matter has been fully disposed of in
263	263	233accordance with law or, in the case of a matter still pending before the court, that the violator is
264	264	234attending to the matter to the satisfaction of the court. The court shall not unreasonably withhold
265	265	235such certificate. The registrar shall cancel such revocation, and so notify the court, if satisfied
266	266	236that it resulted through error of the registrar or the court.
267	267	237 SECTION 28. Section 2A of chapter 211D, as appearing in the 2020 Official Edition, is
268	268	238hereby amended by striking out paragraph (h) and inserting in place thereof the following
269	269	239paragraph:- 13 of 13
270	270	240 (h) The clerk of the court shall, within 60 days of appointment of counsel, report to the
271	271	241department of revenue and the department of transitional assistance the amount of any legal
272	272	242counsel fee owed by the person for whom counsel was appointed under this chapter. The
273	273	243department of revenue shall intercept payment of such fee from tax refunds due to persons who
274	274	244owe all or a portion of such fee.