Budget Amendment ID: FY2012-S3-79
JUD 79
Repeal of Fee to Contest a Motor Vehicle Citation
Ms. Fargo moved that the proposed new text be amended by striking out, section 57, in its entirety.
And further, moved that the bill be amended by inserting after Section 152, the following new Section:-
“SECTION 153. Paragraph (4) of subsection (A) of section 3 of chapter 90C, of the General Laws as appearing in the 2008 Official Edition, and as amended by section 16 of chapter 359 of the acts of 2010, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
“A violator may contest responsibility for the infraction by making a signed request for a noncriminal hearing on the back of the citation and mailing such citation to the registrar at the address indicated on the citation within 20 days of the date of the citation.””
And further, moved that the bill be amended by inserting after Section 153, the following new Section:-
“SECTION 154. Paragraph (6) of subsection (A) of section 3 of chapter 90C, as so appearing, is hereby amended by inserting after subparagraph (c), the following subparagraph:-
“(d) The registrar shall collect a late fee from a violator who has been issued a citation solely for 1 or more civil motor vehicle infractions without any associated criminal automobile law violations and in connection with the citation, fails to: (i) pay the full amount of the scheduled assessment for each recorded civil infraction to the registrar within 20 days of the citation date or request a noncriminal hearing within 20 days of the citation date plus any grace period as the register may allow for good cause, or (ii) appear at a noncriminal hearing before a clerk magistrate or justice at the time required by the court after proper notice, unless the court has excused the default, or (iii) pay to the registrar the full amount of an assessment imposed by a clerk magistrate or justice after a hearing on the infraction, within the time required by law plus any additional time allowed by the clerk magistrate or justice, or (iv) pay within the time required, the full amount of an assessment imposed by an appellate division or other appellate court after an adverse decision to the violator. Notwithstanding, a late fee shall not be imposed when a violator’s obligation to pay an assessment for a civil infraction has been stayed during the pendency of a timely appeal to a justice or court of appeal provided, in such period the violator has not defaulted unless excused by the court .
If a citation has been issued for 1 or more civil motor vehicle infractions with any associated criminal automobile law violations recorded on the same citation subject to the proceedings under subsection (C), a late fee shall be paid by a violator who in connection with the citation, fails to: (i) appear at a criminal or noncriminal court hearing at the required time upon proper notice by the court unless the court has excused the default, or (ii) pay within the time required the full amount of an assessment imposed by a justice for any civil motor vehicle infraction to the registrar or court as ordered by the court, or (iii) pay within the time required the full amount of an assessment imposed for a civil motor vehicle infraction by an appellate division or other appellate court upon an adverse decision to the violator. Notwithstanding, a late fee shall not be imposed for any period when the adjudication of any such associated criminal automobile law violation is pending or when the violator’s obligation to pay an imposed assessment has been stayed during the pendency of a timely appeal to a court of appeal, provided in such period the violator has not defaulted unless excused by the court.
The late fee to be paid by a violator shall be established by regulation promulgated annually by the commissioner of administration under the provisions of section 3B of chapter 7, provided however, that such fee established shall be not less than $25, and not more than $70, if at the time of the violator’s default for which a late fee is imposed there is 1 unpaid civil infraction on the citation, or more than $100, if at the time of such default for which a late fee is imposed there are 2 or more unpaid civil infractions on the same citation. A violator upon proper notice by the registrar or the court of the imposition of a late fee shall be required to pay such fee within the time and manner prescribed by such notice. Notwithstanding any contrary law or regulation, only 1 late fee may be imposed per citation and may be waived, in whole or in part, by the registrar or a justice for good cause.””
And further, moved that the bill be amended by inserting after Section 154, the following new Section:-
“SECTION 155. The first sentence of paragraph (36) of section 33 of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the figure “$500”, and inserting in place thereof the following figure:- “$560” .”
And further, moved that the bill be amended by inserting after Section 155, the following new Section:-
“SECTION 156. The second sentence of paragraph (36) of section 33 of chapter 90, as so appearing, is hereby further amended by striking out, in the second sentence, the figure “$700” and inserting in place thereof following figure:- “$760” and further, by striking out the figure “$1200” and inserting in place thereof the following figure:- “$1260”.”
And further, moved that the bill be amended by inserting after Section 156, the following new Section:-
“SECTION 157. The last sentence of paragraph (36) of section 33 of chapter 90, as so appearing, is hereby amended by striking out the figure “$100” and inserting in place thereof the following figure:- “$125”.”
And further, moved to amend the bill by inserting after Section 157, the following new Section:-
“SECTION 158. Notwithstanding any other general, special law or regulation to the contrary, the registrar, in cooperation with the state comptroller, upon receipt of payment directly from a violator of a late fee imposed under subparagraph (d) of paragraph (6) of subsection (A) of section 3 of chapter 90C, shall immediately cause an amount up to $25 in total of each such late fee collected per citation, to be transferred to the trial court department to be held as retained revenue and, upon receipt of a reinstatement fee imposed under paragraph (36) of section 33 of chapter 90, shall immediately cause $25 of each such fee of $125 in amount, and $60 of each such fee of a greater amount, to likewise be transferred to the trial court department to be held in the same manner; provided however, that the registrar may retain from said apportioned late fees and reinstatement fees, a collective amount of not greater than $200,000 annually for the personnel costs associated with the processing and administration of those fees.
If a violator pays a late fee directly to a court, the clerk of such court shall immediately cause the transfer to the registrar of the entire amount so collected, and the registrar upon receipt shall allocate and process such fee in the same manner as a late fee that is collected directly from a violator.
The registrar and the chief of the district court, for citations subject to the proceedings under subsection (C) of section 3 of chapter 90C in the district courts, shall jointly determine whether late fees shall be collected by the registrar or the district courts directly from violators for those late fees imposed for defaults in such courts.””
And further, moved that the bill be amended by inserting after Section 158, the following new Section:-
“SECTION 159. Sections 153 through 158, inclusive, shall take effect on January 1, 2012.”