Amendment #1442 to H5500

Debt-Based License Suspensions and Nonrenewal

Mrs. Fluker-Reid of Boston moves to amend the bill by adding the following sections:

"SECTION X. Section 47B of chapter 62C of the General Laws is hereby repealed.

SECTION X.  Section 20G of said chapter 90 is hereby repealed.

SECTION X. Section 20H of said chapter 90 is hereby repealed.

SECTION X. Section 22G of said chapter 90 is hereby repealed.

SECTION X. Section 23 of said chapter 90, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 40 to 41, inclusive, the words “without a prior written notice from the registrar mandating payment thereof.”

SECTION X. Subsection (a) of section 26A of said chapter 90, as so appearing, is hereby amended by striking out the last sentence.

SECTION X. Section 34J of said chapter 90, as so appearing, is hereby amended by striking out, in lines 40 to 42, inclusive, the words “his or her license or right to operate a motor vehicle suspended for sixty days by the registrar of motor vehicles” and inserting in place thereof the following words:- their motor vehicle registration suspended.

SECTION X. The third paragraph of said section 34J of said chapter 90, as so appearing, is hereby amended by striking out the fifth sentence.

SECTION X. Section 3 of chapter 90C of the General Laws, as so appearing, is hereby amended by inserting, in line 12, after the word “infraction” the following words:- or request an assessment reduction or waiver based on financial hardship.

SECTION X. Clause (4) of said subsection (A) of said section 3 of said chapter 90C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentences:-  An individual may contest responsibility for the infraction or request an assessment reduction or waiver 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 issuance of the citation; provided, however, that the court filing fee shall be waived and refunded if the court finds that the individual is not responsible for the infraction or approves an assessment reduction or waiver. If a request for a noncriminal hearing is not made within 20 days of the issuance of the citation, the court may grant the request for good cause.

SECTION X. Said clause (4) of said subsection (A) of said section 3 of said chapter 90C, as so appearing, is hereby further amended by adding at the end of the second paragraph the following sentence:- This paragraph shall not apply to an individual requesting an assessment reduction or waiver.

SECTION X. Said section 3 of said chapter 90C, as so appearing, is hereby amended by inserting, in line 100, after the word “assessment” the following words:- or the individual requests an assessment reduction or waiver.

SECTION X. Clause (4) of subsection (A) of said section 3 of said chapter 90C, as so appearing, is hereby amended by adding the following paragraphs:-

Any individual owing tolls, fines, fees, penalties, or other debts, including but not limited to administrative, late, or reinstatement fees, and who is ineligible for a waiver pursuant to clause (6) of this subsection, may request a noncriminal hearing to seek a reduction or waiver of such assessments or a monthly payment plan based on financial hardship; provided, however, that this paragraph shall not apply to fees that may subject an individual to license suspension or nonrenewal. In assessing financial hardship, the magistrate or justice shall consider the individual’s non-exempt monthly net income, their number of dependents, and any other relevant factors. If the magistrate or judge finds that full payment would cause financial hardship to the individual and any dependents, but the individual retains the ability to make a partial payment, the magistrate or judge shall issue written findings setting forth the basis for such determination.

Any time an individual fails to make a timely payment under the terms of a payment plan ordered by the court pursuant to this clause, the registrar shall notify the individual of the missed payment and of their right to request a modification to the terms of their payment plan based on a material and substantial change in circumstances. If the individual owes more than four months of payments and does not have a pending request for modification, the registrar may take appropriate action to pursue the outstanding debt through permissible enforcement efforts. License suspension, license nonrenewal, and registration suspension shall not be imposed as a penalty for nonpayment.

SECTION X. Clause (6) of said subsection (A) of said section 3 of said chapter 90C, as so appearing, is hereby amended by striking out subparts (a) and (b) and inserting in place thereof the following subparts:--

(a) If a violator:

(i) fails either to pay the full amount of the scheduled assessment to the registrar or to request a noncriminal hearing within 20 days of the date of the citation plus such grace period as the registrar shall allow, or

(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 pays to the registrar the full amount of the scheduled or imposed assessments for such civil motor vehicle infractions, plus any late or other administrative fees provided for by law or regulation, any registration of a motor vehicle issued to such violator by the registrar shall not be renewed upon or after the expiration date of such registration, unless such fees are waived in whole or in part by the registrar.

(b) The registrar shall waive all unpaid fines or fees, including late, administrative, and reinstatement fees, for any individual who is a recipient of any needs-based public assistance or whose income and assets are exempt pursuant to 34 of chapter 235; provided, however, that this subpart shall not apply to fees that may subject an individual to license suspension or nonrenewal.

SECTION 15. Clause (3) of subsection (B) of said section 3 of said chapter 90C, as so appearing, is hereby amended by striking out subparts (b) and (c) and inserting in place thereof the following subpart:-

(b) fails to pay within the time allowed the full amount of a fine, penalty, assessment, or other lawful amount required by a justice pursuant to law, the clerk-magistrate shall notify the registrar. Such notice to the registrar may be given more than once in the same case if necessary.

SECTION X. Said section 3 of said chapter 90C, as so appearing, is hereby amended by striking out the forty-eighth and forty-ninth sentences and inserting in place thereof the following sentences:- Upon receipt of such notice, the registrar shall revoke any certificate of registration or title, number plate, sticker, decal or other item issued by the registrar and held by the violator and order the return thereof forthwith. The registrar shall notify the individual at their mail address or last known address that they may not renew, apply for, or receive any such item issued by the registrar unless and until the individual 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 individual is attending to the matter to the satisfaction of the court.

SECTION X. Section 101 of chapter 159 of the General Laws, as so appearing, is hereby amended by striking out the sixth sentence.

SECTION X. Said section 101 of said chapter 159, as so appearing, is hereby further amended by striking out the tenth sentence.

SECTION X. Said section 101 of said chapter 159, as so appearing, is hereby further amended by striking out the twelfth sentence.

SECTION X. Section 2A of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out the last sentence of subsection (h).

SECTION X. The Massachusetts Department of Transportation shall, within one year of the effective date of this Act, update the regulations contained in 700 C.M.R.7.00 et seq to permit any individual owing tolls, fines, fees, or penalties under the EZDriveMA program to seek a waiver, reduction or payment plan consistent with the procedure set forth in section 3 of chapter 90C of the General Laws. These regulations shall provide that: (i) payments under a payment plan shall not exceed 2% of an individual’s non-exempt monthly net income; (ii) upon receipt of the first payment due under a monthly payment plan, the department shall not charge any additional fines or fees on existing debts for late payment or failure to pay; (iii) the department shall accept automatic monthly payments by credit or debit card on file with the department and payments made by check or money order received by mail or in person; (iv) payment plans may be modified upon a determination that there has been a material and substantial change in circumstances; (v) any time an individual fails to make a timely payment, the department shall notify the individual of the missed payment and of their right to request a modification based on a material and substantial change in circumstances; (vi) if the individual owes more than four months of payments and does not have a pending request for modification, the department may take appropriate action to pursue the outstanding debt through permissible enforcement efforts; and (vii) license suspension, license nonrenewal, and registration suspension shall not be imposed as a penalty for nonpayment.

SECTION X. 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 no longer subject to suspension, nonrenewal, or revocation after passage of this Act. The registrar shall notify such individuals by first class mail of such reinstatement, 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 to request a waiver, reduction, or payment plan."

Additional co-sponsor(s) added to Amendment #1442 to H5500

Debt-Based License Suspensions and Nonrenewal