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HOUSE DOCKET, NO. 2487 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 3662
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Brandy Fluker-Reid
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to increase opportunity by ending debt-based driving restrictions.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker-Reid12th Suffolk1/16/2025Lindsay N. Sabadosa1st Hampshire2/6/2025David Paul Linsky5th Middlesex2/6/2025Natalie M. Higgins4th Worcester2/6/2025Patrick Joseph Kearney4th Plymouth2/6/2025Erika Uyterhoeven27th Middlesex2/6/2025Rebecca L. RauschNorfolk, Worcester and Middlesex2/6/2025Danillo A. Sena37th Middlesex2/6/2025Christine P. Barber34th Middlesex2/6/2025Samantha Montaño15th Suffolk2/6/2025Mindy Domb3rd Hampshire2/10/2025James B. EldridgeMiddlesex and Worcester2/12/2025Jennifer Balinsky Armini8th Essex2/12/2025Carmine Lawrence Gentile13th Middlesex2/12/2025James C. Arena-DeRosa8th Middlesex2/12/2025Steven Owens29th Middlesex2/19/2025Carlos González10th Hampden2/19/2025Antonio F. D. Cabral13th Bristol3/6/2025 2 of 2
Jay D. Livingstone8th Suffolk3/11/2025 1 of 10
HOUSE DOCKET, NO. 2487 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 3662
By Representative Fluker-Reid of Boston, a petition (accompanied by bill, House, No. 3662) of
Brandy Fluker-Reid and others relative providing notices and taking certain other actions to
reduce debt-based driving restrictions. Transportation.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3314 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to increase opportunity by ending debt-based driving restrictions.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 2A of chapter 60A of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by striking out, in lines 31 – 32, the words “the license to
3operate a motor vehicle of the registered owner of said vehicle or”.
4 SECTION 2. Section 47B of chapter 62C of the General Laws is hereby repealed.
5 SECTION 3. Section 22G of chapter 90 of the General Laws is hereby repealed.
6 SECTION 4. Section 23 of said chapter 90, as appearing in the 2022 Official Edition is
7hereby amended by striking the first two paragraphs and inserting in place thereof the following
8paragraphs:- 2 of 10
9 Any person convicted of operating a motor vehicle after their license to operate has been
10suspended or revoked, or after notice of the suspension or revocation of their right to operate a
11motor vehicle without a license has been issued by the registrar and received by such person or
12by their agent or employer, and prior to the restoration of such license or right to operate or to the
13issuance to them of a new license to operate, and any person convicted of operating or causing or
14permitting any other person to operate a motor vehicle after the certificate of registration for such
15vehicle has been suspended or revoked and prior to the restoration of such registration or to the
16issuance of a new certificate of registration for such vehicle, or whoever exhibits to an officer
17authorized to make arrests, when requested by said officer to show their license, a license issued
18to another person with intent to conceal their identity, shall, except as provided by section 28 of
19chapter 266, be punished by a fine of not more than $500, and any person who attaches or
20permits to be attached to a motor vehicle or trailer a number plate assigned to another motor
21 vehicle or trailer, or who obscures or permits to be obscured the figures on any number
22plate attached to any motor vehicle or trailer, or who fails to display on a motor vehicle or trailer
23the number plate and the register number duly issued therefor, with intent to conceal the identity
24of such motor vehicle or trailer, shall be punished by a fine of not more than $100. Any person
25convicted of operating a motor vehicle after their license to operate has been revoked by reason
26of their having been found to be an habitual traffic offender, as provided in section 22F, or after
27notice of such revocation of their right to operate a motor vehicle without a license has been
28issued by the registrar and received by such person or by their agent or employer, and prior to the
29restoration of such license or right to operate or the issuance to them of a new license to operate
30shall be punished by a fine of not less than $500 nor more than $5,000 or by imprisonment for 3 of 10
31not more than two years, or both. In no case shall a person be prosecuted for operating after
32suspension or revocation of a license upon a failure to pay an administrative reinstatement fee.
33 Notwithstanding the preceding paragraph or any other general or special law to the
34contrary, whoever has been found responsible for or convicted of, or against whom a finding of
35delinquency or a finding of sufficient facts to support a conviction has been rendered on, a
36complaint charging a violation of operating a motor vehicle after their license to operate has been
37suspended or revoked, or after notice of the suspension or revocation of their right to operate a
38motor vehicle without a license has been issued by the registrar and received by such person or
39by their agent or employer, and prior to the restoration of such license or right to operate or to the
40issuance to them of a new license to operate shall be punished by a fine of not more than $500.
41This paragraph shall not apply to any person who is charged with operating a motor vehicle after
42their license to operate has been suspended or revoked pursuant to a violation of paragraph (a) of
43 subdivision (1) of section 24, or section 24D, 24E, 24G, 24L or 24N, of this chapter,
44subsection (a) of section 8 or section 8A or 8B of chapter 90B, section 8, 9 or 11 of chapter 90F
45or after notice of such suspension or revocation of their right to operate a motor vehicle without a
46license has been issued and received by such person or by their agent or employer, and prior to
47the restoration of such license or right to operate or the issuance to them of a new license or right
48to operate because of any such violation.
49 SECTION 5. Said section 23 of said chapter 90, as so appearing, is hereby further
50amended by striking out the sixth and seventh paragraphs.
51 SECTION 6. Section 26A of said chapter 90, as so appearing, is hereby amended by
52striking out the last sentence of paragraph (a). 4 of 10
53 SECTION 7. Section 33 of said chapter 90, as so appearing, is hereby amended by
54inserting at the end of paragraph 38, the following paragraph:-
55 (39) For the renewal or reinstatement of any license to operate a motor vehicle, an
56applicant may request a reduction or waiver of any unpaid fees or fines, or request a noncriminal
57hearing to determine eligibility for a reduction or waiver of such fees or fines based on financial
58hardship as determined by section 3 of chapter 90C.
59 SECTION 8. Section 34J of said chapter 90, as so appearing, is hereby amended by
60striking out the third paragraph and inserting in place thereof the following paragraph:-
61 Any person who is convicted of, or who enters a plea of guilty to a violation of this
62section shall be liable to the plan organized pursuant to section 113H of chapter 175 in the
63amount of the
64 greater of $500 or one year's premium for compulsory motor vehicle insurance for the
65highest rated territory and class or risk in effect at the time of the commission of the offense.
66Said liability shall be in addition to all other liabilities imposed on the person so convicted or so
67pleading whether civil or criminal. The said plan shall apply any sums collected hereunder, to
68defray its costs of collection and to defray in whole or in part its expenses for preventing fraud
69and arson. Furthermore, any person who is convicted of, or enters a plea of guilty to a violation
70of this section shall have their motor vehicle registration suspended upon the registrar's receipt of
71notification from the clerk of any court which enters any conviction hereunder or which accepts
72such plea of guilty until said person provides the registrar with proof of a motor vehicle liability
73policy in accordance with the provisions of this chapter. The clerk of any court which enters any
74conviction hereunder or which accepts such plea shall promptly notify the registrar of motor 5 of 10
75vehicles and the Commonwealth Auto Reinsurers pursuant to section 113 of chapter 175 or any
76successor thereto of such entry of acceptance of such plea.
77 SECTION 9. Section 3 of said chapter 90C, as so appearing, is hereby amended by
78inserting in the second paragraph after the words “contest responsibility for the infraction,”, in
79lines 11-12, the following words:-
80 or request an assessment reduction or waiver based on financial hardship
81 SECTION 10. Section 3 of said chapter 90C, as so appearing, is hereby further amended
82by adding after paragraph (A)(3) the following paragraphs:-
83 To facilitate efficient payment of citations under this section, the Registry of Motor
84Vehicles shall electronically notify any driver who has an unpaid assessment on the following
85schedule:
86 not less than one week after the citation is issued, seven days before the assessment
87becomes due, and on the date the assessment is due. The notice shall be sent by text message and
88electronic mail to any phone number and email address provided by the driver of the vehicle.
89 Said notice shall include the amount of the assessment, the date due for payment,
90instructions on how to pay the assessment, and information regarding the right to request a
91noncriminal hearing to contest responsibility or request a reduction or waiver of the assessment
92based on financial hardship.
93 SECTION 11. Section 3 of said chapter 90C, as so appearing, is hereby further amended
94by striking out the first sentence of (A)(4) and inserting in place thereof the following: 6 of 10
95 (4) An individual may request an assessment reduction or waiver or contest responsibility
96for the infraction by making a signed request for a noncriminal hearing on the citation and
97mailing such citation, together with a $25 court filing fee, to the registrar at the address indicated
98on the citation within 20 days of the citation. If the individual requests an assessment reduction
99or waiver, the court filing fee shall be waived, unless the assessment reduction or waiver is
100denied.
101 SECTION 12. Section 3 of said chapter 90C, as so appearing, is hereby further amended
102by inserting at the end of the second paragraph of (A)(4) the following sentence:-
103 This paragraph shall not apply to an individual requesting an assessment reduction or
104waiver.
105 SECTION 13. Section 3 of said chapter 90C, as so appearing, is hereby further amended
106by inserting in the eighth paragraph of (A)(4) after the words “imposed assessment” the
107following words:-
108 or the individual requests an assessment reduction or waiver
109 SECTION 14. Section 3 of said chapter 90C, as so appearing, is hereby further amended
110by inserting at the end of (A)(4) the following paragraphs:
111 In any case where an individual owes an assessment or is facing suspension, non-
112renewal, or revocation penalties for failure to pay an unpaid fee, fine, assessment or judgment,
113such individual may request (i) a noncriminal hearing at any time to determine a reduction or
114waiver of such assessment and any associated fines or fees, including but not limited to 7 of 10
115administrative and late fees, owed to the registry of motor vehicles or other agent of the
116commonwealth, and (ii) a removal of any non-renewal penalties otherwise required by law.
117 If the individual is a recipient of any needs-based public assistance or the individual’s
118income and assets are exempt pursuant to section 34 of chapter 235, all fees, including but not
119limited to administrative and late fees, and any remaining assessment owed to the registry of
120motor vehicles or other agent of the commonwealth, shall be waived.
121 If the individual is not a recipient of any needs-based public assistance and the
122individual’s income and assets are not exempt pursuant to section 34 of chapter 235, then any
123fees, including but not limited to administrative and late fees, and any remaining assessment
124owed to the registry of motor vehicles or other agent of the commonwealth, may be reduced or
125waived if the magistrate or justice determines that payment of the foregoing will cause financial
126hardship to the individual or the family or dependents thereof.
127 To ensure debt that has been sold to a debt collector can be waived or reduced in
128accordance with the procedures set forth above, any contract between the registry of motor
129vehicles or other
130 agent of the commonwealth and a debt collector must provide that the debt is returnable
131to or recallable by the registry of motor vehicles or other agent of the commonwealth. The debt
132shall be returned or recalled upon an individual’s request for a noncriminal hearing as described
133in this section.
134 SECTION 15. Section 3 of said chapter 90C, as so appearing, is hereby further amended
135by striking (A)(6)(a)(ii) and inserting in place thereof the following paragraphs:- 8 of 10
136 (ii) fails to appear for a noncriminal hearing before a magistrate or a justice at the time
137required after having been given notice of such hearing either personally or by first class mail
138directed to such individual’s mail address as reported to the registrar and after notice of such
139failure has been given to the registrar by the clerk-magistrate, the registrar shall notify such
140individual by first class mail directed to such individual’s mail address that unless and until the
141individual appears for a noncriminal hearing before a magistrate or justice or pays to the registrar
142the full amount of the scheduled or imposed assessments for such civil motor vehicle infractions,
143plus any late fees or other administrative fees provided for by law or regulation:
144 (AA) in the case of an operator violation, any license to operate a motor vehicle issued to
145such individual by the registrar will not be renewed upon or after the expiration date of such
146license; or
147 (BB) in the case of an owner violation, any registration of a motor vehicle issued to such
148individual by the registrar will not be renewed upon or after the expiration date of such
149registration.
150 Unless such notice is sooner canceled by the registrar, in the case of an operator
151violation, such individual’s operators license, learners permit or right to operate, or in the case of
152an owner violation any registration of a motor vehicle issued to such individual by the registrar,
153shall be renewed by the registrar upon payment of the scheduled or imposed assessments for
154such civil motor vehicle infractions, plus any late fees or other administrative fees which the
155registrar is required or authorized by law or regulation to impose, unless such fees are waived in
156whole or in part by the registrar or a magistrate or justice. 9 of 10
157 The registrar shall waive all unpaid fines or fees, including late fees and administrative
158fees, and reinstatement fees, for any individual who is a recipient of any needs-based public
159assistance or whose income and assets are exempt pursuant to 34 of chapter 235.
160 SECTION 16. Section 3 of said chapter 90C, as so appearing, is hereby further amended
161by striking out paragraph (A)(6)(b).
162 SECTION 17. Said section 3 of said chapter 90C, as so appearing, is hereby further
163amended by striking out the paragraph after (B)(3)(c) and inserting in place thereof the following
164paragraph:-
165 Upon receipt of such notice, the registrar shall send a notice to the individual’s mail
166address or last known address notifying the individual that said individual may not renew, apply
167for or receive any operators license, learners permit, certificate of registration or title, number
168plate, sticker, decal or other item issued by the registrar unless and until the individual presents
169the registrar with a certificate of the clerk-magistrate of the court that the matter has been fully
170disposed of in accordance with law or, in the case of a matter still pending before the court, that
171the individual is attending to the matter to the satisfaction of the court. The court shall not
172 unreasonably withhold such certificate. The registrar shall cancel such revocation, and so
173notify the court, if satisfied that it resulted through error of the registrar or the court.
174 SECTION 18. Section 2A of chapter 211D, as so appearing, is hereby amended by
175striking out the last sentence of paragraph (h).
176 SECTION 19. Notwithstanding any general or special law to the contrary, within three
177months of the effective date of this act the registrar of motor vehicles shall reinstate all licenses, 10 of 10
178privileges to operate a motor vehicle and registrations suspended or revoked based upon
179penalties pursuant to: section 2A of chapter 60A; section 47B of chapter 62C; sections 20A,
18022G, 26A, and 34J of chapter 90; section 3 of chapter 90C; or section 2A of chapter 211D.
181 Within three months of the effective date of this act the registrar of motor vehicles shall
182reinstate all licenses, privileges to operate a motor vehicle and registrations suspended or
183revoked based upon debt owed to any debt collector to whom debt arising from said penalties has
184been sold.
185 The registrar shall notify such persons by first class mail directed to such person's mail
186address of the reinstatement of their license, privileges to operate a motor vehicle and
187registration, along with an account of any unpaid assessments, instructions on how to pay such
188assessments, and information regarding the right to request a noncriminal hearing to contest
189responsibility or request a reduction or waiver of assessments based on financial hardship.
190 The registrar may not suspend, revoke or condition renewal or reinstatement of any
191license, motor vehicle registration or privilege to operate a motor vehicle based upon debt that is
192owned by a debt collector.