HOUSE DOCKET, NO. 3030        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3314

The Commonwealth of Massachusetts

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PRESENTED BY:

Brandy Fluker Oakley

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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 to end debt-based driving restrictions and remove economic roadblocks.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3030        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3314

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to end debt-based driving restrictions and remove economic roadblocks.

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 2A of chapter 60A of the General Laws, is hereby amended in the second paragraph after the word “renew”, in lines 31-32, by striking out the words “the license to operate a motor vehicle of the registered owner of said vehicle or”.

SECTION 2. Section 47B of chapter 62C of the General Laws is hereby repealed.

SECTION 3. Section 20A of chapter 90, of the General Laws, is hereby further amended by adding after the fifth paragraph following paragraphs:-

To facilitate efficient payment of violations under this section, the Parking Clerk shall electronically notify any driver who has an unpaid assessment on the following schedule: not less than one week after the citation is issued, seven days before the assessment becomes due, and on the date the assessment is due. The notice shall be sent by text message and electronic mail to any phone number and email address provided by the driver of the vehicle.

Said notice shall include the amount of the assessment, the date due for payment, instructions on how to pay the assessment, and information regarding the right to request a noncriminal hearing to contest responsibility or request a reduction or waiver of the assessment based on financial hardship.

SECTION 4. Section 20A of chapter 90, of the General Laws, is hereby further amended by striking out the seventh and eighth paragraphs, and inserting the following paragraph:-

If any person fails to appear in accordance with said notice, the parking clerk shall notify the registrar of motor vehicles who shall place the matter on record and, upon receipt of two or more such notices, shall not renew the license to operate a motor vehicle of the registered owner of the vehicle or the registration of said vehicle until after notice from the parking clerk that all such matters have been disposed of in accordance with law. No further fees shall be assessed against the registered owner of said vehicle. It shall be the duty of the parking clerk to notify the registrar forthwith that such case has been disposed of in accordance with law, provided however, that a certified receipt of full and final payment from the parking clerk of the city or town in which the violation occurred or a certified copy of a financial hardship fee waiver granted in accordance to section 3 of chapter 90C shall also serve as legal notice to the registrar that said violation has been so disposed of. The notice to appear provided herein shall be printed in such form as the registrar of motor vehicles may approve. The parking clerk shall distribute such notices to the commanding officer of the police department of the city or town upon request, and shall take a receipt therefor. The registrar shall approve such other forms as he deems appropriate to implement this section, and said forms shall be printed and used by the cities and towns.

SECTION 5. Section 20A of chapter 90, of the General Laws, is hereby further amended in the eleventh paragraph after the words “violation by mail,”, in line 183, by inserting the words:-

and the procedure to request a noncriminal hearing to determine an assessment reduction or waiver based on financial hardship

SECTION 6. Section 20A of chapter 90, of the General Laws, is hereby further amended by inserting at the end the following paragraphs:-

Any person notified to appear before the parking clerk, as provided herein, may appear before such parking clerk or their designee and request a noncriminal hearing to determine an assessment reduction based on hardship, either personally or through an agent duly authorized in writing or by mailing to such parking clerk a signed request. The parking clerk shall notify the clerk-magistrate of the district court for the judicial district in which the parking violation occurred of such request for a noncriminal hearing, in such manner as the chief justice of the district court department and the parking clerk shall jointly determine. The assessment shall be reduced or waived if the magistrate or justice determines that the assessment will cause substantial financial hardship to the violator or the family or dependents thereof.

If the violator is a recipient of any needs-based public assistance or meets the definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S. Department of Housing and Urban Development (HUD) very low income limit, all fees, including but not limited to administrative and late fees, shall be waived and the remaining assessment shall be reduced according to the schedule set forth in subsection (A)(4) of section 3 of chapter 90C of the General Laws.

SECTION 7. Section 22 of chapter 90, of the General Laws, is hereby amended by striking out paragraph (h).

SECTION 8. Section 22G of chapter 90of the General Laws of the General Laws is hereby repealed.

SECTION 9. Section 23 of chapter 90, of the General Laws, is hereby amended by striking the first two paragraphs and inserting in place thereof the following paragraphs:-

Any person convicted of operating a motor vehicle after their license to operate has been suspended or revoked, or after notice of the suspension or revocation of their right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by their agent or employer, and prior to the restoration of such license or right to operate or to the issuance to their of a new license to operate, and any person convicted of operating or causing or permitting any other person to operate a motor vehicle after the certificate of registration for such vehicle has been suspended or revoked and prior to the restoration of such registration or to the issuance of a new certificate of registration for such vehicle , or whoever exhibits to an officer authorized to make arrests, when requested by said officer to show their license, a license issued to another person with intent to conceal their identity, shall, except as provided by section twenty-eight of chapter two hundred and sixty-six, be punished by a fine of not more than five hundred dollars, and any person who attaches or permits to be attached to a motor vehicle or trailer a number plate assigned to another motor vehicle or trailer, or who obscures or permits to be obscured the figures on any number plate attached to any motor vehicle or trailer, or who fails to display on a motor vehicle or trailer the number plate and the register number duly issued therefor, with intent to conceal the identity of such motor vehicle or trailer, shall be punished by a fine of not more than one hundred dollars. Any person convicted of operating a motor vehicle after their license to operate has been revoked by reason of their having been found to be an habitual traffic offender, as provided in section twenty-two F, or after notice of such revocation of their right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by their agent or employer, and prior to the restoration of such license or right to operate or the issuance to their of a new license to operate shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two years, or both. In no case shall a person be prosecuted for operating after suspension or revocation of a license upon a failure to pay an administrative reinstatement fee.

Notwithstanding the preceding paragraph or any other general or special law to the contrary, whoever has been found responsible for or convicted of, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has been rendered on, a complaint charging a violation of operating a motor vehicle after their license to operate has been suspended or revoked, or after notice of the suspension or revocation of their right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by their agent or employer, and prior to the restoration of such license or right to operate or to the issuance to their of a new license to operate shall be punished by a fine of not more than $500. This paragraph shall not apply to any person who is charged with operating a motor vehicle after their license to operate has been suspended or revoked pursuant to a violation of paragraph (a) of subdivision (1) of section 24, or section 24D, 24E, 24G, 24L or 24N, of this chapter, subsection (a) of section 8 or section 8A or 8B of chapter 90B, section 8, 9 or 11 of chapter 90F or after notice of such suspension or revocation of their right to operate a motor vehicle without a license has been issued and received by such person or by their agent or employer, and prior to the restoration of such license or right to operate or the issuance to their of a new license or right to operate because of any such violation.

SECTION 10. Section 23 of chapter 90, of the General Laws, is hereby further amended by striking out the sixth and seventh paragraphs.

SECTION 11. Section 26A of chapter 90, of the General Laws, is hereby amended by striking out the last sentence of paragraph (a).

SECTION 12. Section 27 of chapter 90, of the General Laws, is hereby amended by inserting at the end the following paragraphs:

In any case where a violator owes an assessment, such violator may request a waiver or reduction of the assessment. The assessment shall be reduced or waived if the magistrate or justice determines that the assessment will cause substantial financial hardship to the violator or the family or dependents thereof.

If the violator is a recipient of any needs-based public assistance or meets the definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S. Department of Housing and Urban Development (HUD) very low income limit, all fees, including but not limited to administrative and late fees, shall be waived and the remaining assessment shall be reduced according to the schedule set forth in subsection (A)(4) of section 3 of chapter 90C of the General Laws.

SECTION 13. Section 33 of said chapter 90, of the General Laws, is hereby amended by inserting at the end of paragraph thirty-six, the following sentence:-

An applicant for license reinstatement may request a fee reduction or waiver based on financial hardship as determined by section 3 of chapter 90C. 

SECTION 14. Section 34J of chapter 90, of the General Laws, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

Any person who is convicted of, or who enters a plea of guilty to a violation of this section shall be liable to the plan organized pursuant to section one hundred and thirteen H of chapter one hundred and seventy-five in the amount of the greater of five hundred dollars or one year's premium for compulsory motor vehicle insurance for the highest rated territory and class or risk in effect at the time of the commission of the offense. Said liability shall be in addition to all other liabilities imposed on the person so convicted or so pleading whether civil or criminal. The said plan shall apply any sums collected hereunder, to defray its costs of collection and to defray in whole or in part its expenses for preventing fraud and arson. Furthermore, any person who is convicted of, or enters a plea of guilty to a violation of this section shall have their motor vehicle registration suspended upon the registrar's receipt of notification from the clerk of any court which enters any conviction hereunder or which accepts such plea of guilty until said person provides the registrar with proof of a motor vehicle liability policy in accordance with the provisions of this chapter. The clerk of any court which enters any conviction hereunder or which accepts such plea shall promptly notify the registrar of motor vehicles and the Commonwealth Auto Reinsurers pursuant to section one hundred and thirteen of chapter one hundred and seventy-five or any successor thereto of such entry of acceptance of such plea.

SECTION 15. Section 3 of chapter 90C, of the General Laws is hereby amended by inserting in the second paragraph after the words “contest responsibility for the infraction,”, in lines 11-12, the following words:-

or request an assessment reduction or waiver based on financial hardship

SECTION 16. Section 3 of chapter 90C, of the General Laws, is hereby further amended by adding after paragraph (A)(3) the following paragraphs:-

To facilitate efficient payment of citations under this section, the Registry of Motor Vehicles shall electronically notify any driver who has an unpaid assessment on the following schedule: not less than one week after the citation is issued, seven days before the assessment becomes due, and on the date the assessment is due. The notice shall be sent by text message and electronic mail to any phone number and email address provided by the driver of the vehicle.

Said notice shall include the amount of the assessment, the date due for payment, instructions on how to pay the assessment, and information regarding the right to request a noncriminal hearing to contest responsibility or request a reduction or waiver of the assessment based on financial hardship.

SECTION 17. Section 3 of chapter 90C, of the General Laws, is hereby further amended by striking out the first paragraph of (A)(4) and inserting in place thereof the following paragraph:

(4) A violator may request an assessment reduction or waiver or contest responsibility for the infraction by making a signed request for a noncriminal hearing on the citation and mailing such citation, together with a $25 court filing fee, to the registrar at the address indicated on the citation within 20 days of the citation. The court filing fee shall be waived if the violator is requesting an assessment reduction. Notwithstanding any general or special law to the contrary, the registrar, in cooperation with the state comptroller, upon receipt of the $25 court filing fee, shall immediately cause the court filing fee to be transferred to the trial court department to be held as retained revenue; provided, however, that the registrar may retain from the court filing fees an amount not greater than $200,000 for fiscal year 2011 for information technology associated with the implementation of this section; and provided, further that the registrar may retain an amount not greater than $100,000 annually for personnel costs associated with the processing of those filing fees.

SECTION 18. Section 3 of chapter 90C, of the General Laws, is hereby further amended by inserting at the end of the second paragraph of (A)(4) the following sentence:-

This paragraph shall not apply to a violator requesting an assessment reduction or waiver.

SECTION 19. Section 3 of chapter 90C, of the General Laws, is hereby further amended by inserting in the eighth paragraph of (A)(4) after the words “imposed assessment” the following words:-

or the violator requests an assessment reduction or waiver

SECTION 20. Section 3 of chapter 90C, of the General Laws, is hereby further amended by inserting at the end of (A)(4) the following paragraphs:-

In any case where a violator owes an assessment, such violator may request a noncriminal hearing to determine a reduction or waiver of the assessment. In any such hearing, the magistrate or justice shall reduce or waive the assessment if the assessment will cause substantial financial hardship to the violator or the family or dependents thereof.

If the violator is a recipient of any needs-based public assistance or meets the definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S. Department of Housing and Urban Development (HUD) very low income limit, all fees, including but not limited to administrative and late fees, shall be waived and the remaining assessment shall be reduced according to the following schedule:

(a) If the violator is currently in receipt of any needs-based public assistance or benefit or meets the definition of “indigency” under section 2 of chapter 211D, the remaining assessment shall be reduced to no more than 1% of said violator’s monthly income or $5, whichever is lower.

(b) If the violator earns 101-200% of the HUD very low income limit, the remaining assessment shall be reduced by 75%.

(c) If the violator earns 201-300% of the HUD very low income limit, the remaining assessment shall be reduced by 50%.

(d) If the violator earns 301-400% of the HUD very low income limit, the remaining assessment shall be reduced by 25%.

If the violator earns over 400% of the HUD very low income limit and the magistrate or justice finds that imposing the original assessment would cause financial hardship to the violator or the family or dependents thereof, all fees, including but not limited to administrative and late fees, shall be waived or reduced and the remaining assessment may be reduced by an amount determined by the magistrate or justice.

In determining the violator’s earnings, the magistrate or justice shall calculate the violator’s current total monthly income, including wages and excluding any child support or Supplemental Security Income (SSI), and determine the number of persons in the family. In making these determinations, the magistrate or justice shall use the information provided by the violator.

SECTION 21. Section 3 of chapter 90C, of the General Laws, is hereby further amended by striking (A)(6)(a)(ii) and inserting in place thereof the following paragraphs:-

(ii) fails to appear for a noncriminal hearing before a magistrate or a justice at the time required after having been given notice of such hearing either personally or by first class mail directed to such violator's mail address as reported to the registrar and after notice of such failure has been given to the registrar by the clerk-magistrate, the registrar shall notify such violator by first class mail directed to such violator's mail address that unless and until the violator appears for a noncriminal hearing before a magistrate or justice or pays to the registrar the full amount of the scheduled or imposed assessments for such civil motor vehicle infractions, plus any late fees or other administrative fees provided for by law or regulation:

(AA) in the case of an operator violation, any license to operate a motor vehicle issued to such violator by the registrar will not be renewed upon or after the expiration date of such license; or

(BB) in the case of an owner violation, any registration of a motor vehicle issued to such violator by the registrar will not be renewed upon or after the expiration date of such registration.

Unless such notice is sooner cancelled by the registrar, in the case of an operator violation, such violator's operators license, learners permit or right to operate, or in the case of an owner violation any registration of a motor vehicle issued to such violator by the registrar, shall be renewed by the registrar upon payment of the scheduled or imposed assessments for such civil motor vehicle infractions, plus any late fees or other administrative fees which the registrar is required or authorized by law or regulation to impose, unless such fees are waived in whole or in part by the registrar or a magistrate or justice.

The registrar shall waive all late fees and administrative fees, including reinstatement fees, for any violator who is a recipient of any needs-based public assistance or meets the definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S. Department of Housing and Urban Development (HUD) very low income limit.

SECTION 22. Section 3 of chapter 90C, of the General Laws, is hereby further amended by striking out paragraph (A)(6)(b).

SECTION 23. Section 3 of chapter 90C, of the General Laws, is hereby further amended by striking out the paragraph after (B)(3)(c) and inserting in place thereof the following paragraph:-

Upon receipt of such notice, the registrar shall send a notice to the violator’s mail address or last known address notifying the violator that said violator may not renew, apply for or receive any operators license, learners permit, certificate of registration or title, number plate, sticker, decal or other item issued by the registrar unless and until the violator presents the registrar with a certificate of the clerk-magistrate of the court that the matter has been fully disposed of in accordance with law or, in the case of a matter still pending before the court, that the violator is attending to the matter to the satisfaction of the court. The court shall not unreasonably withhold such certificate. The registrar shall cancel such revocation, and so notify the court, if satisfied that it resulted through error of the registrar or the court.

SECTION 24. Section 2A of chapter 211D, of the General Laws, is hereby amended by striking out paragraph (h) and inserting in place thereof the following paragraph:-

(h) The clerk of the court shall, within 60 days of appointment of counsel, report to the department of revenue and the department of transitional assistance the amount of any legal counsel fee owed by the person for whom counsel was appointed under this chapter. The department of revenue shall intercept payment of such fee from tax refunds due to persons who owe all or a portion of such fee.

SECTION 25. Notwithstanding any general or special law to the contrary, within three months of the effective date of this act the registrar of motor vehicles shall reinstate all licenses, privileges to operate a motor vehicle and registrations suspended or revoked based upon penalties pursuant to: section 2A of chapter 60A; section 47B of chapter 62C; sections 20A, 22G, 26A, and 34J of chapter 90; section 3 of chapter 90C; or section 2A of chapter 211D.

The registrar shall notify such persons by first class mail directed to such person's mail address of the reinstatement of their license, privileges to operate a motor vehicle and registration, along with an account of any unpaid assessments, instructions on how to pay such assessments, and information regarding the right to request a noncriminal hearing to contest responsibility or request a reduction or waiver of assessments based on financial hardship.