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2 | 2 | | HOUSE DOCKET, NO. 1034 FILED ON: 1/14/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3756 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Steven Owens |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act reinvesting in transportation through assessments on parking. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/14/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 1034 FILED ON: 1/14/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3756 |
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18 | 18 | | By Representative Owens of Watertown, a petition (accompanied by bill, House, No. 3756) of |
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19 | 19 | | Steven Owens relative to fees at private parking facilities. Transportation. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act reinvesting in transportation through assessments on parking. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1 - Chapter 40 of the general laws is hereby amended by adding after section |
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29 | 29 | | 222A, the following section: |
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30 | 30 | | 3 Section 22A1/4. |
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31 | 31 | | 4 (a) As used in this chapter, the following words shall have the meaning |
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32 | 32 | | 5 ''Commissioner'', the commissioner of revenue. |
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33 | 33 | | 6 “Operator.” Any person conducting or operating a parking facility, and any Valet Parking |
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34 | 34 | | 7Operator. |
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35 | 35 | | 8 “Parking Facility.” Any outdoor or indoor area or space where more than three motor |
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36 | 36 | | 9vehicles may be parked or stored for a charge, fee or other consideration. |
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37 | 37 | | 10 (b) A city or town which accepts this section in the manner provided in section 4 of |
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38 | 38 | | 11chapter 4 may impose a local tax upon the rate for a parking facility within the city or town by a 2 of 3 |
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39 | 39 | | 12vendor at a rate of no more than 30%. The operator shall pay the local tax imposed under this |
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40 | 40 | | 13section to the commissioner at the same time and in the same manner as the sales tax due to the |
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41 | 41 | | 14commonwealth. |
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42 | 42 | | 15 (c) The commissioner shall: (i) proportionately distribute ½ of the amount received from |
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43 | 43 | | 16a city or town based on the revenue from parking taxes the previous calendar within that city or |
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44 | 44 | | 17town to address municipal roads, bridges and other transportation infrastructure or any other |
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45 | 45 | | 18public purpose substantially related to the operation of transit services in the city or town |
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46 | 46 | | 19including, but not limited to, the complete streets program established in section 1 of chapter 90I |
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47 | 47 | | 20of the General laws and other programs that support alternative modes of transportation; (ii) |
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48 | 48 | | 21distribute ½ of the amount collected to the Commonwealth Transportation Fund established in |
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49 | 49 | | 22section 2ZZZ of chapter 29 of the General Laws. |
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50 | 50 | | 23 (d) Any city or town seeking to dispute the commissioner's calculation of its distribution |
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51 | 51 | | 24under this subsection shall notify the commissioner, in writing, not later than 1 year from the |
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52 | 52 | | 25date the tax was distributed by the commissioner to the city or town. |
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53 | 53 | | 26 (e) This section shall take effect in a municipality on the first day of the calendar quarter |
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54 | 54 | | 27following 30 days after its acceptance by the municipality or on the first day of a later calendar |
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55 | 55 | | 28quarter that the city or town may designate. |
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56 | 56 | | 29 (f). Reimbursement for the tax imposed by this chapter shall be paid by the purchaser to |
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57 | 57 | | 30the operator, and each operator shall add to the sales price and shall collect from the purchaser |
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58 | 58 | | 31the full amount of the tax imposed by this chapter and such tax shall be a debt from the purchaser |
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59 | 59 | | 32to the operator, when so added to the sales price, and shall be recoverable at law in the same |
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60 | 60 | | 33manner as other debts. 3 of 3 |
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61 | 61 | | 34 (g). Upon each parking fee taxable under this chapter, the amount of tax collected by the |
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62 | 62 | | 35operator from the purchaser shall be stated and charged separately from the sales price and |
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63 | 63 | | 36shown separately on any record thereof at the time the sale is made or on any evidence of sale |
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64 | 64 | | 37issued or used by the operator. |
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65 | 65 | | 38 (h). Any operator required to collect this tax from another person, who fails to collect the |
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66 | 66 | | 39tax, shall be liable for the tax upon the full amount charged. |
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67 | 67 | | 40 (i). Every operator who fails to pay to the commissioner any sums required by this |
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68 | 68 | | 41chapter shall be liable therefor to the commonwealth. |
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