SENATE DOCKET, NO. 2357        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2346

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Eric P. Lesser

_________________

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 to promote a fair and informative RMV.

_______________

PETITION OF:

 

Name:

District/Address:

 

Eric P. Lesser

First Hampden and Hampshire

 

Joanne M. Comerford

Hampshire, Franklin and Worcester

3/9/2021

Sal N. DiDomenico

Middlesex and Suffolk

4/1/2021


SENATE DOCKET, NO. 2357        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2346

By Mr. Lesser, a petition (accompanied by bill, Senate, No. 2346) of Eric P. Lesser, Joanne M. Comerford and Sal N. DiDomenico for legislation to promote a fair and informative RMV.  Transportation.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

An Act to promote a fair and informative RMV.

 

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. Section 22 of chapter 90 of the general laws, as so appearing in the 2018 edition, shall be amended by striking subsections (c) and (d) and replacing them with the following subsections:-

(c)(1) If the registrar receives official notice, in any form which the registrar deems appropriate, including electronic transmissions, that a resident of the commonwealth or any person licensed to operate a motor vehicle under the provisions of this chapter has been convicted in another state, country or jurisdiction of a motor vehicle violation, the registrar shall, within thirty days of notification of said violation, give the same effect to said conviction for the purposes of suspension, revocation, limitation or reinstatement of the right to operate a motor vehicle, as if said violation had occurred in the commonwealth.

(2) The registrar or any person authorized by him shall contact the state, country or jurisdiction where a motor vehicle violation occurred and ascertain the current status or outcome of said violation prior to taking action. If the registry is notified within thirty days of contacting said state, country or jurisdiction that said violation has been resolved in the state, country or jurisdiction where the motor vehicle violation occurred, then the registrar may acknowledge a prior resolution of the out of state offense in lieu of issuing a suspension, revocation, limitation or reinstatement of the right to operate a motor vehicle.

(3) The above subsection (2) shall not apply to convictions or findings of responsibility described in subsection III(a) of section 30B of chapter 90.

(4) As used in this section ''motor vehicle violation'' shall mean a violation of law, regulation, by-law, or ordinance, except a violation related to parking, the nature of which would have been reported to the registrar pursuant to chapters eighty-nine, ninety, ninety C, or one hundred and seventy-five, if said violation had occurred in the commonwealth.(5) If the registrar receives official notice, in any form which the registrar deems appropriate, including electronic transmissions, that a resident of the commonwealth, or any person licensed to operate a motor vehicle under the provisions of chapter ninety, or any applicant therefor has had a license or right to operate suspended or revoked in another state, country or jurisdiction, the registrar shall not issue a license to said person, and if a license has already been issued the registrar shall immediately revoke said license, without a prior hearing. However, if said license or right to operate is subsequently reinstated by such other state, country or jurisdiction, the person may apply to the registrar for reinstatement of said license in the commonwealth. The registrar shall review and make a determination of said application for license reinstatement within 15 days of application submission.

(d) Notice to any person whose license or registration certificate or right to operate is suspended or revoked under this section or notice to any person of intention to revoke or suspend his license or registration certificate under this section shall be in writing, shall be mailed within seven days of notification of said violation by the registrar or any person authorized by him to the last address as appearing on the registrar's records or to his last and usual place of abode and a certificate of the registrar that such notice has been mailed in accordance with this section shall be deemed prima facie evidence and shall be admissible in any court of the commonwealth as to the facts contained therein. Said notice shall also be sent via electronic mail within seven days of said violation if necessary contact information is on file with the registry.

If during the period of any such suspension or revocation and prior to its termination by the registrar a new or duplicate learner's permit, license or certificate of registration, or any renewal thereof, is issued, such learner's permit, license or certificate of registration shall be void and of no effect.

SECTION 2. Notwithstanding any general or special law to the contrary, within 30 days of enactment, the registry shall process the remainder of the out of state violations from the publicly-noted paper backlog.