Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3756 Compare Versions

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22 HOUSE DOCKET, NO. 1034 FILED ON: 1/14/2025
33 HOUSE . . . . . . . . . . . . . . . No. 3756
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Steven Owens
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 reinvesting in transportation through assessments on parking.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/14/2025 1 of 3
1616 HOUSE DOCKET, NO. 1034 FILED ON: 1/14/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 3756
1818 By Representative Owens of Watertown, a petition (accompanied by bill, House, No. 3756) of
1919 Steven Owens relative to fees at private parking facilities. Transportation.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Fourth General Court
2323 (2025-2026)
2424 _______________
2525 An Act reinvesting in transportation through assessments on parking.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1 - Chapter 40 of the general laws is hereby amended by adding after section
2929 222A, the following section:
3030 3 Section 22A1/4.
3131 4 (a) As used in this chapter, the following words shall have the meaning
3232 5 ''Commissioner'', the commissioner of revenue.
3333 6 “Operator.” Any person conducting or operating a parking facility, and any Valet Parking
3434 7Operator.
3535 8 “Parking Facility.” Any outdoor or indoor area or space where more than three motor
3636 9vehicles may be parked or stored for a charge, fee or other consideration.
3737 10 (b) A city or town which accepts this section in the manner provided in section 4 of
3838 11chapter 4 may impose a local tax upon the rate for a parking facility within the city or town by a 2 of 3
3939 12vendor at a rate of no more than 30%. The operator shall pay the local tax imposed under this
4040 13section to the commissioner at the same time and in the same manner as the sales tax due to the
4141 14commonwealth.
4242 15 (c) The commissioner shall: (i) proportionately distribute ½ of the amount received from
4343 16a city or town based on the revenue from parking taxes the previous calendar within that city or
4444 17town to address municipal roads, bridges and other transportation infrastructure or any other
4545 18public purpose substantially related to the operation of transit services in the city or town
4646 19including, but not limited to, the complete streets program established in section 1 of chapter 90I
4747 20of the General laws and other programs that support alternative modes of transportation; (ii)
4848 21distribute ½ of the amount collected to the Commonwealth Transportation Fund established in
4949 22section 2ZZZ of chapter 29 of the General Laws.
5050 23 (d) Any city or town seeking to dispute the commissioner's calculation of its distribution
5151 24under this subsection shall notify the commissioner, in writing, not later than 1 year from the
5252 25date the tax was distributed by the commissioner to the city or town.
5353 26 (e) This section shall take effect in a municipality on the first day of the calendar quarter
5454 27following 30 days after its acceptance by the municipality or on the first day of a later calendar
5555 28quarter that the city or town may designate.
5656 29 (f). Reimbursement for the tax imposed by this chapter shall be paid by the purchaser to
5757 30the operator, and each operator shall add to the sales price and shall collect from the purchaser
5858 31the full amount of the tax imposed by this chapter and such tax shall be a debt from the purchaser
5959 32to the operator, when so added to the sales price, and shall be recoverable at law in the same
6060 33manner as other debts. 3 of 3
6161 34 (g). Upon each parking fee taxable under this chapter, the amount of tax collected by the
6262 35operator from the purchaser shall be stated and charged separately from the sales price and
6363 36shown separately on any record thereof at the time the sale is made or on any evidence of sale
6464 37issued or used by the operator.
6565 38 (h). Any operator required to collect this tax from another person, who fails to collect the
6666 39tax, shall be liable for the tax upon the full amount charged.
6767 40 (i). Every operator who fails to pay to the commissioner any sums required by this
6868 41chapter shall be liable therefor to the commonwealth.