HOUSE DOCKET, NO. 4637        FILED ON: 3/16/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Brendan P. Crighton, (BY REQUEST)

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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 establishing a medical delay for the payment of civil motor vehicle fines and municipal parking tickets for persons suffering from a serious illness.

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PETITION OF:

HOUSE DOCKET, NO. 4637        FILED ON: 3/16/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act establishing a medical delay for the payment of civil motor vehicle fines and municipal parking tickets for persons suffering from a serious illness.

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.  Chapter 90C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 3 the following section:-

Section 3A.  (a) A violator subject to a scheduled or imposed assessment for a civil motor vehicle infraction under section 3 who has a serious illness shall be granted a medical necessity grace period by the registrar if: (i) a registered physician certifies in writing to the registrar that such serious illness exists; and (ii) upon submission by the violator of a statement of financial hardship, the register determines that a financial hardship exists.  During such grace period, the registrar shall not, due to nonpayment of such assessment: (i) assess any late fees or fines; (ii) suspend or revoke the violator’s license to operate, permit or right to operate; or (iii) place an activity hold on the violator’s record that would prevent a license or registration renewal at the registrar.

A medical necessity grace period granted by the registrar shall expire upon a determination by the registrar that a financial hardship no longer exists or 365 days after being granted; provided, however, the registrar shall grant extensions to the grace period if: (i) a registered physician certifies in writing to the registrar that such serious illness continues to exist; and (ii) upon submission by the violator of a new statement of financial hardship, the registrar determines that the violator has demonstrated that his or her financial hardship continues to exist.  Any such extension shall expire upon a determination by the registrar that a financial hardship no longer exists or 365 days after being granted.

(b) Upon the expiration of a medical necessity grace period or an extension to such grace period granted under subsection (a), the registrar shall immediately notify the violator by certified mail that the full amount of the assessment shall be due within 40 days of such expiration, and that if the violator fails to pay the full amount by such date, the violator shall be subject to late fees, fines and punishments due to nonpayment of a scheduled or imposed assessment pursuant to section 3.  Said notice shall also include a list of any previous payments made towards such assessment and shall specify the remaining balance due.  For such period of 40 days after the expiration of the grace period, the registrar shall not, due to nonpayment of such assessment: (i) assess any late fees or fines; (ii) suspend or revoke the violator’s license to operate, permit or right to operate; or (iii) place an activity hold on the violator’s record that would prevent a license or registration renewal at the registrar.

(c) A person subject to a scheduled or imposed assessment or fine for a violation of any rule, regulation, order, ordinance or by-law regulating the parking of motor vehicles by any city or town, who has a serious illness shall be granted a medical necessity grace period by the city or town if: (i) a registered physician certifies in writing to the  city or town that such serious illness exists; and (ii) upon submission by the person subject to such assessment or fine of a statement of financial hardship, the city or town determines, based on the criteria established by the registrar, that a financial hardship exists. During such grace period, the city or town shall not, due to nonpayment of such assessment: (i) assess any late fees or fines; (ii) cause the suspension or revocation of the person’s license to operate, permit or right to operate; or (iii) cause an activity hold to be placed on the person’s record that would prevent a license or registration renewal at the registrar.

A medical necessity grace period granted by the city or town shall expire upon a determination by the city or town, based on the criteria established by the registrar,  that a financial hardship no longer exists or 365 days after being granted; provided, however, the city or town shall grant extensions to the grace period if: (i) a registered physician certifies in writing to the city or town that such serious illness continues to exist; and (ii) upon submission by the person subject to the assessment or fine of a new statement of financial hardship, the city or town, based on the criteria established by the registrar, determines that the person has demonstrated that his or her financial hardship continues to exist.  Any such extension shall expire upon a determination by the city or town, based on criteria established by the registrar, that a financial hardship no longer exists or 365 days after being granted.

(d) Upon the expiration of a medical necessity grace period or an extension to such grace period granted under subsection (c), the city or town  shall immediately notify the person by certified mail that the full amount of the assessment shall be due within 40 days of such expiration, and that if the person fails to pay the full amount by such date, the person shall be subject to late fees, fines and punishments due to nonpayment of a scheduled or imposed assessment or fine for a municipal parking violation.  Said notice shall also include a list of any previous payments made towards such assessment and shall specify the remaining balance due.  For such period of 40 days after the expiration of the grace period, the city or town shall not, due to nonpayment of such assessment: (i) assess any late fees or fines; (ii) cause the suspension or revocation of the person’s license to operate, permit or right to operate; or (iii) place an activity hold on the person’s record that would prevent a license or registration renewal at the registrar.

(e)  The registrar of motor vehicles shall promulgate rules and regulations as is reasonable and necessary to carry out the provisions of this section, including regulations establishing criteria for determining whether a violator has demonstrated a financial hardship for purposes of granting or extending a medical necessity grace period. 

SECTION 2.  Said Chapter 90C is hereby further amended by inserting after section 7A the following section:-

Section 7B.  (a) Upon receipt of payment from a person for a citation, the nonpayment of which could result in an activity hold on said person’s record that could prevent transactions with the registrar of motor vehicles, a city or town shall immediately notify the registrar of motor vehicles electronically that such payment has been made.

(b)  The registrar of motor vehicles may promulgate rules and regulations to carry out the provisions of this act.