HOUSE DOCKET, NO. 722        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3490

The Commonwealth of Massachusetts

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PRESENTED BY:

Sean Curran

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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 relative to outstanding excise tax and the towing of motor vehicles and trailers in the city of Springfield.

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PETITION OF:

HOUSE DOCKET, NO. 722        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3490

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to outstanding excise tax and the towing of motor vehicles and trailers in the city of Springfield.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Notwithstanding any general or special law to the contrary, including Massachusetts General Laws Chapter 60A section 2A, Chapter 40 section 22D, Chapter 135 section 8, if an excise on a motor vehicle or trailer assessed under Massachusetts General Laws Chapter 60A, as amended remains unpaid for fourteen days after a demand therefor made more than one day after such excise becomes due and payable, and if the Springfield tax collector (“tax collector”) elects to utilize the services of a deputy collector, then said deputy collector or the tax collector, as the case may be, shall send a notice of warrant to the delinquent taxpayer. In the event that the delinquent taxpayer does not respond within thirty days to said notice of warrant then a service warrant shall be made. If the tax remains unpaid after the service of warrant then the deputy collector may, at the discretion of the tax collector, return the uncollected warrants of those delinquent taxpayers to the tax collector. The tax collector or his/her designee, as the case may be, may at any time and from time to time transmit, on an annual basis, to the Commissioner of the Police Department of the City of Springfield (“Police Commissioner”), in such form as approved by the Police Commissioner, notice of such nonpayment of excise (“Notice of  Non Payment of Excise Tax”), specifying the name and address of the person to whom the excise is assessed, the amount of the excise due and all interest thereon and costs relative thereto and identifying information as to the motor vehicle or trailer assessed; provided, however, that no notice shall be transmitted to the Police Commissioner under this section at a time when there is pending before the local board of assessors or the appellate tax board, as the case may be, a duly filed application for the abatement of such excise in whole or in part nor within thirty days after action upon any such application by the local board of assessors or the appellate tax board, as the case may be.

Upon receipt of the Notice of Non Payment of Excise Tax the Springfield Police Department, or its designee, is authorized to remove any such assessed motor vehicle or trailer that is parked or standing in a public way within the City of Springfield to, and store in, a convenient place in the city until all charges lawfully imposed for such removal and storage have been paid and due notice has been received that either the excise provided in such excise warrants have been paid or security for the payment thereof has been deposited. Notice shall be made to the registered owner of said vehicle at the time of the service of warrant. Vehicles shall be eligible for impoundment twenty-two days after such notice.

In accordance with Massachusetts General Laws chapter 135 section 8, if such motor vehicle or trailer remains unclaimed in the possession of  the Springfield Police Department, or its designee, for one month and the owner thereof or his/her place of abode or business is unknown, or if the owner and his place of abode or business are known and the owner, after receipt by registered mail of a written notice from such department or member to take possession of said property, refuses or fails for a period of ten days following said receipt so to do, the Springfield Police Department or its designee may sell the same, by public auction or any other licensed auction service, including sale over the internet, notice of the time and place of sale, with a description of the property to be sold, first being given by publishing the same once in each of three successive weeks in a newspaper published in the City of Springfield.

SECTION 2.  This act shall take effect upon its passage.

     Domenic J. Sarno, Mayor of the City of Springfield,

in the name and on behalf of said City, and in the pursuance of an order, a duly attested copy of which is hereto annexed, petition the General Court for legislation entitled “AN ACT RELATIVE TO OUTSTANDING EXCISE TAX AND THE TOWING OF MOTOR VEHICLES AND TRAILERS IN THE CITY OF SPRINGFIELD”, in substantially the same form as a draft Act attached hereto.

Respectfully submitted,

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Domenic J. Sarno, Mayor

City of Springfield

36 Court Street

Springfield, MA 01103

C I T Y   O F   S P R I N G F I E L D

In the City Council               November 8, 2010

ORDERED, that the mayor be, and hereby is authorized on behalf of the City of Springfield, to take any and all steps necessary to secure the passage by the General Court of the special legislation entitled “AN ACT RELATIVE TO OUTSTANDING EXCISE TAX AND THE TOWING OF MOTOR VEHICLES AND TRAILERS IN THE CITY OF SPRINGFIELD,” in substantially the same form as a draft Act attached hereto, except for clerical or editorial errors.