2022-01-10 00:00:00 - Joint Committee on Transportation
2022-01-10 00:00:00 - Joint Committee on Transportation
SHOW NON-ESSENTIAL DIALOGUE
Yeah
at this point I will call this hearing of the joint committee to to order, we have a number of bills that are scheduled to be heard today in dealing with the topics of capital planning road tolling or tolling the MBT a pension issues, licensing and identification and within each of those categories the public notice has gone out.
I will say of course we're here still in a virtual hearing setting uh and ask everyone's patients as we continue continue through this. I would only note some basic rules of the road if you are participating in this uh as a committee member or or witness once recognized. Uh we deem that as your consent that this to be recorded as to being seen and heard during this. The public is also able to watch at the mass legislature dot gov site which is a legislature dot gov and you can view this from the public screen at the93 hearing and events tab ah a number of witnesses have pre signed up uh to testify today I am working off a list sometimes it gets updated in real time, so I'll do my best to work through that and again ask everyone's patience and indulgence but I will work through that list traditionally for those who are participate or reviewed these hearings before members of the legislature are extended a courtesy to testify out of order and a number of colleagues both in the House and Senate have indicated an interest in testifying. I will say this about panels because as many recall during our traditional live hearings. We147 often do panels where groups of witnesses on a similar topic will testify together. It helps the presentation of the issue, it helps the members pose questions within a topic area. We really don't technically have panels because of the remoteness of the hearing.166 So in the168 two examples that I have uh starting right at the beginning will have to witnesses which I believe l I. S will be able to show on split screen and then otherwise for a panel on a particular bill, I have the names of the witnesses and I will just call them in order within that group. So it will be a virtual panel but you won't all193 be on the on the screen at the same time. I'll note that that grouping exists as best I can200 as I indicated on behalf of the Senate side uh the Senate Vice chair john Keenan is uh is leading for the Senate, he will be here shortly. I have noticed I have my problems navigating through teams as a software but I have noticed a number of members of the committee here. If I have missed anybody, I'll probably get a text nudged me along but so far in the order I've noticed them. I see Representative DeCoste is here. Representative Howitt Representative oral Representative Blais Representative whips rep Capano I see his last is on the road249 and I also saw on the senate side senator Cyr from the Cape if I have missed anybody please follow up uh That said uh the by agreement the first two witnesses I will be calling on today267 are the Middlesex D. A. D. A. Ryan who I believe is here to speak with regard to a
bill that has280 been filed by a former member of the committee Chairman Mcgonagall. So I would in effect call them both as witnesses now ah and welcome them. Please mute your microphone is to the rep and the D. A. Uh and as a courtesy um call on the D. A. First. Although I now just quickly under the wire I see that rep Sabadosa uh is here a member of the committee welcome and also Representative O'Connor flew Oakley uh is also with us electronically that said I would now recognise uh if she's here uh in yep and on mutes and uh District attorney Marian Ryan from Middlesex Welcome D. A.330 And welcome Mcgonagall.
The floor is yours.
MARIAN RYAN - DISTRICT ATTORNEY MIDDLESEX COUNTY - HB 3535 - Thank you mr chair and I'm happy to be here with Representative McGonagle to speak on House Bill 3535 which is compared to Senate bill 2307. And I would suggest that it is really the case when a bill is really a win-win for everyone. But this bill truly is this bill arose out of a situation we became aware of with a constituent of Representative McGonagle's and it deals with people who owe fines to the registry for offenses such as operating after a suspension or others. The registry unlike pretty much anywhere else in the world will not permit you to make partial payment on the amounts that you owe. So for example, many people told us that they had outstanding fines with the389 registry. They received covid relief checks of several hundred dollars. They wanted to pay them against the fines that they owe. The registry is not empowered to take that money.
So like all of us, you put that money aside thinking you will eventually get to the magic number and in the meantime you use part of that money at the same time to care for your family, go to work whatever it may be you are driving. If you are stopped, you of course add to fines. So we now see people that have fines in amounts that they will never be able to reach. This is a clear example of the way in which some of the ancillary burdens of the criminal system fall differently on different classes. For any one of us who might be stopped for one of these offenses, we would pay it, the matter would be over, Our license would be reinstated and we would move forward. These individuals because of the lack of the amount immediately needed cannot do that. They continue to get stopped.
They continue to pile up fines and they're then facing a mountain that they cannot chip down so it means461 that they are increasing their criminal record, increasing the chances that they will eventually miss a court date and have a warrant out for them. And most importantly for all of the rest of us, the commonwealth's not collecting any of the money. This bill would create a payments system where people could pay as low an amount as $25 a month and I am not disputing at all for the purposes of this bill. Whatever the fines maybe people should under this bill pay what they owe. It would just allow them to pay them incrementally and once they have established that they are doing that if they are otherwise eligible, the registry could reinstate their license.
So in this way the money is getting503 paid, it's going to the commonwealth coffers. People are able to work that debt down. They avoid increasing their debt, they avoid getting themselves into513 further criminal justice trouble and they're able to get back on the road and work and take care of their family. I think this is an extraordinarily common sense piece of legislation. I thank Representative Mcgonagle and Senator DiDomenico for joining me on this bill and I'd urge a favorable result in consideration of the bill. SHOW NON-ESSENTIAL DIALOGUE
Thank you, madam. D. A. Will hold if there are any questions until after rep Mcgonagall uh testimony. If if that's okay with you. Uh rep Mcgonagall, former good, valuable member of the Transportation Committee. We missed you. But it's good to see you. Of course welcome the floor is yours.
REP MCGONAGLE - HB 3535 - Thank thank you. Mr. Chairman. Good afternoon and good afternoon to all the committee members. You know, Mr Chairman I've been dealing with this um for a number of years. Um Especially you know people that have been incarcerated trying to get out with the business that I had and most recently um I had a constituent586 uh being uh incarcerated let out of jail, calls me up and says Joe I've got a591 job waiting for me, a union job. Um But he says I need a licence to598 go to work and if I don't get a license I'm gonna you know I won't have the job so real quick he ought to find it doesn't have the money to pay it. That bothered me and I again Mr. Chairman I've been dealing with this wasn't the first time that this has come in front of me because long before as a rep it would be in front of me on a few occasions and it was tough where I couldn't hire them without a license.
Um I believe that we have the RMV Has the technology to do this. So I don't think it's a heavy lift on their side. And if you remember um you know we passed a bond bill I think to give them $100 million to give them all sorts of technology. So I think that's not the issue. Um I think the real issue is with justice reform that that we include this um to help out this certain part of our population. Um And again we're not looking to diminish the fine. Um That's not what we're asking for. We're just asking for some sort of a payment plan so we can get these people back to work and back to productive citizens of society. I do have written testimony um that I will be submitting because I don't want to take too much of your time.
But I do have to thank District Attorney Ryan because I687 did a I approached her probably I think Marian about two years ago and I had just gotten the call um And I asked her if there's anything I can do. So I am grateful that she helped spearhead this myself with with the senator to get this going, get it in front of your committee and and hopefully it comes out with a favorable recommendation and mr. Chairman once again knowing me if there are any committee questions. Um Can we defer them to the district attorney? Thanks Mr. Chairman, go ahead.
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Thank you rep it's always it's always skating on thin ice to put a district attorney on on the spot. But
in this case I think she understands uh and I will open it up if there are any questions from members of the committee. You could either speak up, I think we could manage that or use the little raised hand symbol or anyone on the committee have any questions either for the district attorney or or rep Mcgonagall.
I don't see any, I don't hear any. I want to thank you both for taking the time. Obviously it was important that you both pointed out that uh finds or not to be wiped out by what is being proposed but it does offer an opportunity for779 people to once they have served
their time, so to speak. Move on with productive lives. So thank you both. That said if you have no further comments, will see you both soon. Thank you Mr Chair thank you. Um
I will note also uh we have now been joined by Senator807 keenan ah and also another committee member. Senator mike Rush uh Senator keenan before we go further on the witness list. I don't know if you have any introduction or comments you'd like to make for the hearing. No, thank you. Just just quickly thank you. Chair Straus Good afternoon everybody. And let's move forward. Thank you. Okay great to see you senator. Uh at this point I noticed on the witness list and this is a further courtesy. Uh committee member
norman oral from Lakeville has a matter we wish to offer public testimony850 on and again these virtual hearings are a little different from the hearings were used to and so committee members often will like to weigh in on bills even though they are on the committee rep oral. The floor is yours.
REP ORRALL - HB 3556 - Thank you Mr. Chair and Mr. Vice Chair871 and esteemed members of the committee. Um, speaking today on H 3556 an act relative to greener and healthier transportation corridors. And the goal of this legislation is to form a commission to look into the implementation the strategies that use their linear transportation corridors to help combat various forms of pollution at their source. In the Commonwealth, we have 565 miles of interstate highway, 400 miles of railways approximately. And these transportation corridors create noise, light stormwater and air pollution and many times are located in environmental justice communities as a registered professional engineer in highway design myself, I realized that there is a balance to be found between providing safe and reliable transportation and greening our corridors. However, current practices such as MBTA's policy of clearing all trees within the state owned rider way and the highway maintaining vast grass median strips along our highways fall short of what we can940 be doing.
Use of vegetation is the first and easiest method to combat pollutants. Trees and various shrubs can provide mitigation for sound and light pollution as well as947 to take up and store carbon. However, understandably, we cannot drive vehicles in close proximity to fixed objects, nor can we have trains dealing with leaves and so on littering the tracks, making them slippery for safety reasons. Thus the concept on highways is of clear zones. The federal highway requires typically 30 feet from the edge of the travel way. This is why we have our grass strips along the highways typically maintained and usually unfortunately to a greater width, that is necessary for that safety measure, allowing the trees and shrubs to grow in these spaces and more plant specific the best practice plants outside of this clear zone would reduce maintenance costs as well as help combat pollution.
Now, the remaining grass strips for safety can also be upgraded to help the environment As they comprise approximately 5500 acres. That's 5500 acres just along our interstates alone. These grass mixes that these grassed zones can use specific mixes that help maximize carbon sequestration to the soils as has been implemented in a lot of agricultural practices in what is known as carbon farming. So even though we do need to maintain safety areas, they can be done in a way that maximizes the effect. Also from the agricultural practice is applying of biochar to these grass strips along the highways and rail corridors. Uh, biochar substantially reduces leaching of nitrogen and heavy metals, both of which are present on our on these corridors. It can also efficiently reduce traffic derived phosphorus loading, remove the metals In the road runoff by 99% and bind up road de icing salts, which we're finally starting to see use this year. Um, while storing carbon in the soil of the corridor.
1072 And I'll leave with this1074 as a young engineer in highway design I was told a story by an older engineer about how long a project there was public outcry to save a large and beautiful tree in1085 the middle of an interchange. So while they left a large tree they cleared the smaller trees and not long after the highway was opened, the storm came along and blew over the remaining beautiful majestic large tree. The moral of the story was to check my east coast conservationism1104 and be a Midwest highway engineer and1108 simply cut them all right from the beginning. And I've always thought that was the wrong practice and that we should maximize our ability to keep natural practices within our corridors. And I believe this legislation is a step to creating a commission that would bring all the stakeholders together and look at the inventive ways to utilize these vast corridors that we have in a way that is beneficial to the public as well as the maintenance issues required by the state. So thank you Mr. Chair.
SHOW NON-ESSENTIAL DIALOGUE
No problem. Thank you. Thank you, rep appreciate your explaining the bill to to all of us present today, continuing on that particular courtesy that we extended to members of the committee who are here. I would now recognise Representative Fluker Oakley. I did want to note also though that another committee member senator Moran from the Cape is here. Welcome senator. Now1175
committee member Fluker Oakley the floor is yours.
REP FLUKER OAKLEY - HB 3545 - SB 2280 - Thank you so much. Chairman Straus and thank you of Vice-chair Keenan and members of the Transportation Committee for holding this hearing. I am the representative for the 12 Suffolk district which represents parts of Hyde Park Mattapan and Dorchester in Boston and parts of the town of Milton. Thank you also for taking me out of turn hearing this testimony and having this hearing for H 3545 S 2280 an act establishing1206 rapid transportation and electrification for the Fairmount corridor presented by myself. Rep Miranda and Senator Collins. I urge you to support this legislation and pass this bill out of committee with a favorable report electrifying the Fairmount line would improve the frequency, reliability, cost and fuel source of the line, which would benefit1228 riders and1229 residents living near the line. This project would also advance Massachusetts' effort for transportation equity, economic growth, public health, environmental justice and combating climate change neighborhoods like Hyde Park, Mattapan and Dorchester are isolated from other parts of Boston despite close geographic proximity. And 80% of residents living near the Fairmount line are people of color.
The commonwealth should improve our public transit system to connect our residents with all of the great job opportunities, services and businesses throughout the neighborhoods in our communities. The improved service from electrifying the Fairmount line would be a bold step for transportation equity across the city1273 of Boston and the commonwealth as a whole. It would also decrease population pollution by converting diesel powered trains to electric, which would emit significantly less air pollution in the predominantly black and Latinx neighborhoods along the line and beyond directly removing this pollution source. The incentive for commuters to use this more reliable public transit option would also improve pollution in our communities by reducing the reliance on gas powered automobiles. This electrification would greatly improve our communities, public health and environmental justice.
Finally making these this change would extend to eliminating1313 carbon emissions and quicken Massachusetts pace to achieve carbon neutrality, making public transportation a viable option for More Residents would also reduce our carbon footprint by both removing the need for residents to drive a car and by1328 eliminating carbon emissions from current diesel powered trains. This electrification would serve as a model for other states, even countries to follow Massachusetts' lead implementing bullet policies to combat climate change and allow for transit equity For these reasons we should enact H 3545 S 2280 an act establishing rapid transportation and electrification for the Fairmount corridor. Thank you so much for your time.1353 I hope the committee reports out favorably and thank you again for taking me out of turn.
SHOW NON-ESSENTIAL DIALOGUE
Thank you rep and thank you for taking on and championing the issue regarding the Fairmount line and for the reasons that you've indicated it's it's places a commuter rail line instead of a subway has has held it back from fully serving the community and the neighborhoods and hopefully, we can get something that makes it much more accessible and meaningful as a transportation choice for the community. So thank you. Are there any questions from members of the community? If not, thank you? And, and I will continue on the witness list. And just for those who are watching, we do extend as a courtesy, uh, calling members of the committee and the legislature itself as as witnesses. At this point, I know just to balance out institutionally, I'd like1414 to recognize Senator Cyr who has signed up to testify before the committee today. Senator.
SEN CYR - SB 2304 - Thank you. Thank you. Chair Straus Vice-chair Keenan members of the committee. Good to be with you and I'm here to testify in support of Senate Bill 2304 and act to eliminate that based incarceration and suspensions. The Massachusetts registry of motor vehicles routinely suspends driver's driver's licenses of people who fail to failed to pay fines and fees. This is true even when the reason for their debt has nothing to do with the driving safety violation or traffic laws. Senate Bill 2304 would eliminate several debt-based license and registration suspension triggers that are not related to safe driving. It would create a process for judges to reduce fines and fees for those who are not able to pay in Massachusetts driving after a debt-based suspension carries a penalty of one year in jail. In addition to more fines, increased administration fees and an extended period of suspension. This essentially criminalizes poverty.
These penalties are not connected to road safety and they have no public safety justification. Uh, Senate Bill 2304 seeks to end the cycle of poverty and punishment for people who, due to debt-based license and registration suspensions find themselves with the impossible choice of driving illegally to activities that help them pay down the debt that is owed, such as work or a job1498 interview or not driving at all and losing needed income and access to other basic life activities and services. Uh, this issue disproportionately affects remote and rural regions, um, with limited public transportation like the Cape and Islands District, right? Um, and where there are extremely limited alternatives to driving. Um, I really worry that the debt-based suspension is a poverty trap. We also know that debt-based suspensions are a punitive approach that disproportionately harms poor people, especially black and brown residents, residents of color in the commonwealth.1536
Um, so I respectfully ask that the committee report this bill favorably and help end this harmful practice that perpetuates perpetuates inequity and injustice. I'm grateful for um, strong collaboration on this on the House as well. And I thank you for the time and consideration. I'm glad to take any questions you may have. SHOW NON-ESSENTIAL DIALOGUE
Thank you. Senator, Thank you for taking the time1558 to testify on the bill. Good to see you. Um I don't see any questions or hear any from members of the committee. So thank you again and of course please feel free to stay and um and for the rest of the hearing at this point, working on the list of colleagues who have signed up to testify. I see, I think I saw her on the screen. Representative Elugardo Are you still here? Yes, yes, I am really good to see you. Chairman Straus Happy New Year. Happy New Year Chairman Keenan and I love seeing the beautiful faces of the other committee members as well.
REP ELUGARDO - HB 3453 - I am here to testify on the House Companion to Senator Sears Bill H 3453 and I will try not to repeat any of the facts that the senator has already laid out since we're so close in time. But I will add that just as a data point in 2019 there was one month where over 11,000 residents of the commonwealth were subject to this type of a suspension. And so it really is impacting a lot of people. And it not only effectively criminalizes poverty as Senator Cyr eloquently laid out, but even just falling on bad times. And you know that there's a long history of that that we've tried to move away from in the United States from debtors prisons etcetera. And this is really a modern form of that that we're trying to get rid of in the commonwealth. Um, and I also want to just, I mean the senator listed a number of things that you're choosing between driving illegally or not driving health care is an important one as well as many people need cars to get their health care.
I have had one woman in the district whose car was literally shot up by a shooter and we had to help her get her son to healthcare on a weekly basis. And so there's lots of reasons why people need their cars that we might not think about if we're not in those particular situations. And when these infractions have nothing to do with road safety, it not only criminalizes poverty, but it makes people, it faces people with a really impossible choice between breaking1686 the law and feeding their family or other important needs. So license suspensions are also a key determinant of contact with the criminal justice system. And so even in my family, a couple of my sisters they're in Ohio where there's similar, similar laws.1703 I ended up doing jail time because of unpaid parking tickets. Right. And, and, and that can lead in certain communities to lifelong problems with the criminal justice system. And we've all heard a lot about that, particularly post George Floyd and learned a1719 lot many of us about how1721 one unnecessary contact can have a domino effect that goes on and on.
So there's some Massachusetts trial court data and study on racial disparities that backs this stuff up which are happy to forward to the, to the committee. I was really excited to participate not only in filing, but, in the drafting, helping with the drafting with lawyers from the ACLU. Because when we talk about structural inequity or structural racism, structural inequity expands beyond that. As I mentioned, the rural distinction that many folks have to um live in places where they don't have regular or affordable access to alternatives to driving. So there's all kinds of structural inequity that are actually1763 built into our laws. And one of the practices I've been trying to learn and develop as a legislator is how do you comb through the mass general laws and look for places where that inequity is actually unintentionally embedded in the way we do business and this is a primary one of those. And so it was fun to go through all the different points in the law and decide Well which types of fees have nothing to do with safety.
And so we did leave in place criminal penalties for safety-related infractions, you know, such as OUI or or injuring someone or commercial driver's license violation. And we also left in place, the $500 maximum fine for driving without um, for driving with a without a licence or with a suspended license. And so we're not saying that those things shouldn't be addressed, but we just don't want to address them in ways that actually create more harm than good when when we're actually making it harder for people who are poor and and entrapping them in poverty as has been mentioned in other testimonies as well. The state should really be expanding and strengthening our safety net, not utilizing state resources to prevent people from getting out of the financial holes that we find ourselves sometimes in. I also want to point out that the studies that were done on the 12 other states in D. C. And some various municipalities who have eliminated debt-based licence suspensions found that there was no negative impact on collecting outstanding debt.
And so there aren't strong financial arguments for keeping these suspensions in either and so for these reasons and others that I think others are going to1857 testify on later. It's really important that we pass H 3453 and S 2304 not only favorably out of committee, but please help me in advocating that we bring it to the floor for a vote. This is a small step that we can take1870 in terms of the ease that it will take us to make these edits to the mass general laws, but it will make a huge impact on thousands of residents across the commonwealth. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you, rep great to see you. And as you say, it's great to see everybody's faces. We all just wish we work together. Um, as to the added materials, Please send anything along through
the committee, staff will share it with all the members of the committee as we take up this matter after today's hearing. Thank you. Are there any questions for rebel Elugardo
hearing? None. Sena Thank you. Great to see you1911 please stay if if you like um continuing with the hearing. I see she was really one of the first1918 to sign on today rep Khan of Newton did sign up to testify today rep the floor is yours.
Thank you. Your microphone needs to be a muted yes, thank you.
REP KHAN - HB 3516 - SB 2285 - Thank you very much. Chair Straus and vice-chair Keenan and distinguished members of the committee for taking me out of turn. I'm really grateful for this opportunity to testify before you today on House 3516 and Senate 2285 an act facilitating better interactions between police officers1959 and persons with autism spectrum disorder of which I am a lead sponsor along with Senator Comerford a very1967 common way that people encounter law enforcement officers, including those with autism spectrum disorder is at1974 traffic1975 stops. Currently law enforcement officers or other first responders have had little or no training about how to communicate appropriately with autistic individuals without the appropriate information and or training on the part of law enforcement. The officer or first responder in these situations have a potential to escalate.
If enacted this bill would create the opportunity on a voluntary basis for the driver to provide an officer with an envelope containing important documents such as a driver's license registration insurance cards, as well as specific instructions to the officer on the driver's diagnosis, intentions, impairments, triggers and contact2022 information. This bill would make blue envelopes voluntarily available to persons with autism spectrum disorder at all R&D locations, police stations, driving schools and autism advocacy groups in consultation with the Massachusetts chief police associations, police officers will also be trained to know what the envelope means and how to effectively communicate with blue envelope drivers. This bill is modeled after a successful program put into place in Connecticut and has been shown to reduce the stress and facilitate better communication and improve safety.
If I may, I2064 would like to take this opportunity to mention another related piece of legislation that I have also filed House 2531 and act relative to police training, inappropriate interactions with persons on the autism spectrum. Um, on the autism spectrum and other intellectual and developmental disabilities, I filed this legislation with Representative Tucker it actually is not on your committee, but I just wanted to mention that it's really related and perhaps they could come together either in your committee or in the other committee and
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are known to talk to each other. So you never know right.
KHAN - Um anyway, that bill is um, it's for municipal police training to establish inserted in service training for police and corrections officers, inappropriate, inappropriate, again, inappropriate interactions with persons on the autism spectrum. Um, and persons with other intellectual and developmental disabilities. So both of2126 these bills are really important. I think pieces of the puzzle facilitating better communication and safety between police officers and persons with autism spectrum disorder. So I respectfully urge that the committee release House 3516 and Senate 2285 with a favorable report and thank you so much again for your time and consideration. SHOW NON-ESSENTIAL DIALOGUE
and consideration. Thank you rep Khan Uh and I would just add will will be looking for it. But if there are particular materials you can lay your hands on about the Connecticut experience. I think that's probably helpful to members of the committee. Great,
I will absolutely be able to do that. So thank you very much for that suggestion. Okay, great. Any questions from members of the committee? If not, thank you and as I've said to the other legislators, please feel2180 free to stay in the meeting. Just mute your microphone. Um continuing on the witness list and I'm trying to keep an efficient pace here. I2190 see Representative Barrett is here, he has signed up to testify. If you're just a mute, the floor is yours rep Nice2199 to see you from way out west almost in new york and Vermont, I may add, but mr chairman, it's good to see you also Um, over these many months that we haven't been together and my other colleagues are here today.2213
REP BARRETT - HB 3806 - I'm here to speak in support of House Bill 3806. This bill arose out of a situation and I think every representative and uh, and senator2224 has experienced a similar case um similar to this one in a sense and many others, but this young man was received a notice from the department of The Registry of Motor Vehicles rather in December of 2020 that he would lose his licence if he did not pay a $500 fine and a reinstatement fee of his2247 license. It all stemmed out of a situation and the chairman is quite familiar with it from the prior session that we had that a lot of things weren't reported. This young man was stopped for speeding in the state of Virginia where speeding is considered to be a charge of reckless driving, which is far different than how it is looked upon in massachusetts and most other states. Uh, he paid2274 a fine of $289 for basically a a speeding ticket.
Four years later that happened in 2016, four years later, he was notified by the Registry of Motor Vehicle That he must pay a $500 fine to the state of Massachusetts, even though he paid and admitted his guilt In Virginia. four years prior to this and he paid it and he was told he either paid it or they were going to suspend his license um Waiting till the last minute in hopes that I could do something2310 for them and possibly um urged the Registry of Motor Vehicle to use some common sense in some of these things which does not seem to be germane to their philosophy. Um They refused and said that this man must pay um is fine They said and one reason is he admitted his guilt by paying it. So here we have a situation a couple of situations um that hopefully that this2336 bill would correct.
First2338 of all we should not accept the fact that what is reckless driving in another state is determined to be speeding in this state because now after this happened he also got hit very hard by his insurance surcharge because of reckless driving which is far higher than a charge against him for speeding. So he is faced with this situation. And he finally said I have to pay it because if I don't pay it I will lose my job. And this is in the heart of the highest not not now but serious situation during covid. So he said I will lose my job. And it didn't make any sense. And much of the testimony that you've heard today from other bills shows this lack of common sense on the part of the registry.
I can cite another case where an individual wanted to get a promotion and get a CDL he couldn't get the CDL Even though he had a class to license and the reason why which become a hoister and improve his his income is that 30 years ago in 1992 and 1993 he received to drunk driving charges against him. He went through the2407 school, he paid several high fines um um Uh for his for these incidents that happened as I said he went to the school and he has been free of all alcohol and drugs and everything now for 20 over 28 years at the time. The2424 Registry of Motor Vehicles along with the other agency which blows my mind is the insurance agency that does the adjusting said well we're going to let you keep your license that you presently have but we're not going to allow you to go to the next step. In other words we're not going to allow you to go to a better position as far as wages goes. This is the type of mentality that exists in the Registry of Motor Vehicles today.
It's harmful to our citizens. I mean I'm in a different world than I have been in to my prior experience in government but I'll tell you I have never seen anything like this happening here and I would hope that this committee2464 take very seriously some of the testimonies that you, I'm sure you will. I shouldn't say take it seriously, take everything seriously but act against these types of situations that that are occurring because they're hurting the people. I I kidded about the fact that New York and Vermont, but my district abuts New York and it abuts Vermont in the situation, as many people, We're being hurt by this, have to drive public transportation is not going to solve their problems, but to go after them after 30 years in some of these situations is2497 just ridiculous. So I would, I would ask that the committee consider favorably 3806 and other bills that have been heard today because I think it's time that um, that you can start blazing the trail towards bringing real reform to the registry of motor vehicles and straightening that place out. It's not just this administration that goes back several administrations and it's time that things change.
Someone who lives in North Adams should not have to drive 3.5 hours to get to their to the2530 office in Boston. The Registry of Motor Vehicles just to to apply apply for a a hearing and that's happened. And that's a requirement now. Anything that is, goes along the lines of alcohol or an incident that involved alcohol even though it happened 30 years ago, these are the types of things that have to be straightened out. And I would just, I urge the committee to really bring2556 true reform to the Registry of Motor Vehicles because there doesn't be any desire for any of them to make those changes now.
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thank you and for listening to2566 my diet dropped today and Happy New Year to all of you.
Thank you. Thank you rep barrett. Uh, and and obviously heartfelt and uh, for bringing this out. Uh, I hear an echo. I don't know if it's caused by me. I'd ask anyone who hasn't muted the microphone to do so. Okay. Uh rep2589 barrett thank you again. Are there any questions from members of the committee? Seeing none. I want to thank you and continuing on the list. I see representative Vitolo is here. I'd like to recognize you if you on mute your microphone and the floor is yours. Welcome2611 wrap.
REP VITOLO - HB 3625 - Thank you Chair Straus Vice-chair.2617 Keenan and members of the committee for holding this hearing and for taking me out of turn. I join you today to express my support for H3625 an act relative to electronic toll payments. If passed, it would allow drivers to pay by plate online rather than using the2637 FastPass or E-ZPass system. Currently, if a vehicle without an E-ZPass drives on the toll road, the owner of the vehicle received an invoice in the mail several weeks later, drivers have no opportunity to pay the bill in advance of receiving this invoice, the driver is renting the vehicle, the rental company receives the bill three weeks later or so, and then several weeks after that passes the cost along to the person who rented the vehicle along with a $15 convenience fee.
And of course since it takes maybe six weeks to get there, that person is a business traveler, they can't even expense it it's past payroll period. Um, and so we sort of compound foolishness if a driver is borrowing the vehicle from a friend or family member, there is no way for the driver to pay that toll Instead, their friend or family member gets that Bill three weeks later. Uh, and in the case that the vehicle is owned by an out of state driver MassDOT is limited in their ability to collect the tolls. They can send the person a bill to2706 Alabama or in2707 the case of Representative Barrett's near neighbors New York or Vermont. Uh, but they may may not pay. In fact, 41% of all unpaid tolls are from out of state drivers totaling $51 million.
And some, I'm not suggesting all, but some of these drivers might well be willing to pay the toll at the time or near the time they were going through that toll gantry with an online portal. They certainly less likely to pay it many weeks later by mail. And so in states, uh, including New York, uh, you can go online before you receive this pay by plate invoice and it's advertised on giant blue signs surrounding the toll gantry and it just says something like, you know when you park, when you're done driving2756 go to ny.gov/tolls or something. I don't remember exactly what it is and you go and you put in your driver's plate, your license2763 plate number and it says Oh you owe $4.25, would you like to pay2767 that by credit card right now?
And you say2771 yes and you pay the toll and they never sent anything in the mail and it's taken care of and the state gets its money and they avoid all the postage and everybody's happy. And this is a low cost thing, right? This is you got to design an internet payments system, jeez if, if we haven't figured this out in this state by 2022 we're in trouble. Uh, and you have to put up a bunch of big blue signs near toll gantries, uh, both both on the pike and of course near bridges and tunnels that have tolls, but there's not that many of them.2808 And my instinct, I can't, I can't prove this to you. But my instinct is the amount of incremental tolls collected by people who are willing to pay the tolls then, but maybe don't get around to mailing them in later from their homes out of state more than pays for the cost of implementing the program and it treats our residents and our guests more fairly.
It allows them to pay their toll, it allows them to pay their toll under circumstances where the alternative is worse for them or for their friend or a loved one from whom their borrowing a car. The state gets its money sooner. They can expense it on their business expenses. If, if that's the nature of the toll, um, everyone is better off. And this is a problem by the way that we invented for ourselves several years ago when we took away the ability to pay the toll at the toll in cash. Prior to that point, you could just pay in cash. It wasn't ideal for everyone, but it works for some people. We took that choice away and we haven't replaced it with anything else. And this presents an opportunity to fix, um, that efficiency we sought in going to all electronic tolling. Let's, we're in the age of the internet. Let's use it. I think MassDOT Probably has the authority to do this all on their own, But sometimes they need a nudge from our friends in the legislature.
Uh, and that starts with this body right here. And so I'm hopeful that you will report H 3625 out favorably to begin the process of allowing folks who don't have an E-ZPass to actually pay their tolls in a timely way. um, in compliance with the law. Happy to answer any questions you may have. SHOW NON-ESSENTIAL DIALOGUE
I'm sorry, chair. I'm not able to hear you.
My bad. Thank you rep, thank you for taking the time to share that with us on that2931 last point I suspect you're right that mass dot already has the authority to implement this kind of payment system. Uh, but sometimes even with authority they don't exercise it so we'll see what we can do. I know you and I have discussed this bill previously face to face sheriff, I add if I could just add quickly um two years ago I had2958 a bill that that work differently uh and it would have actually required rental car companies to provide the I remember and I apologize for well you suggested there might be a better way and I just wanted to thank you for
thank you. I I am sorry to be rude. I just want to get to some other witnesses and so and and not talk if I can about bills from last session. So if you don't mind, are there any questions from members of the committee on the matter? Now now in front of us, Senator Rush I see with his hand up if you meant it. Yes, thank you. Can you hear me Chairman? Straus
SEN RUSH - Representative, great bill and great testimony. I appreciate it. I'm just curious because many constituents and I've dealt with it myself. I mean E-ZPass is a disaster as it is. It's a real mess and then if you have an issue trying to actually get somebody to help you is impossible uh, to deal with. So the frustration level is high. Have you received any feedback on your proposal from MassDOT Or the folks at E-ZPass because to me it just seems like extremely sensible way to deal with E-ZPass issues that3039 I think probably everyone on this call and all of our constituents deal with on a regular basis? And again, trying to get these situations straightened out is nearly next to impossible.
3051 VITOLO - As as you mentioned, it's hard to get in touch with our friends at E-ZPass. I have not successfully reached out to them. They have not reached out to me. Obviously the bill was filed a year ago um, and we have not coordinated on this as of yet.
RUSH - I appreciate it great job.
VITOLO - Thank you.
SHOW NON-ESSENTIAL DIALOGUE
Great question. Great question senator. And maybe even just as a result of today's hearing, we could get some movement within the administration and they're they're contracted parties.Thank you again, rep Vitolo for taking the time on this. Really appreciate it. Good to see you.
Thank you.
Uh continuing uh, for those who have signed up. I think I've got three more legislators. Thank you for your patience. The
next that I saw in order of them signing up and being here rep Ciccolo recognize you now. Thank you for your patience.
REP CICCOLO - HB 3427 - SB 2260 - Thank you Mr Chairman. Um Good to be here3117 and I appreciate the members of3118 the committee and the time to testify. Um, I am here to testify on H 3427 and Senate 2260 which was filed by former Senator Boncore an act relative to a resilient transportation system on this bill. I collaborated with the Metropolitan Area Planning Council and I know they will testify later about the particulars of the bill, but it's a fairly simple, straightforward issue and I think actually vitally important.
Uh some may know that the Global Warming Solutions Act requires our executive branch is to do vulnerability assessments. But what it doesn't require is that these departments actually do cost estimations and prioritizations and with a system as large as the MBTA And the MassDOT capital system. Um it's really absolutely necessary that we have a detailed cost estimate to understand the potential for climate damage that could happen to our system. We all remember when Hurricane Sandy halted the whole city of new York with the flooding that happened in their subway system. We know that fires and floods and hurricanes and tornadoes are increasingly frequent3186 due to climate change and we are not in a position to actually understand the costs it's going to take to make our system climate resilient.
Um the Mass Taxpayers Association estimates that it's over a billion dollars just for state of good repair for transit maintenance and safety, but but that is without any consideration for the cost to actually make our system climate ready. So the3212 bill just asks that we do this planning and the study um as I mentioned the Metropolitan Area Planning Council which serves for many of you may know this as the vice chair of the Boston MPO which does all of the long range planning for the inner core of the state and they are in a position to know the lack of planning that's necessary, that has not yet been done by MassDOT and the MBTA. So that's the gist of this bill, appreciate any consideration that you can give to hopefully report it out favorably and I'm happy to answer any questions. Thanks
SHOW NON-ESSENTIAL DIALOGUE
thank you rep and I know that your interesting this is informed by the extensive experience you you brought to the legislature when you first came from at the municipal and and the regional level and particularly with the planning council. So we will look very seriously at that and see if we can get some of these planning efforts underway any questions from members of the committee? Seeing none, thank you rep Nice to see you thank you thank you.
I have two more legislators and again I thank them for their patients also I c rap Owens is here and then I'll be calling on senator Comerford thank you both for waiting and rep Owens floor3301 is yours.
REP OWENS - HB 3560 - Thank you so much. Thank you Chair Straus thanks Vice-chair Keenan members of the committee, thanks for taking me out of turn great to see everybody. I'm just going to speak very briefly on H 3560 which is an act to protect motorists from excessive E-ZPass fees and fines. It's also filed as S 2349 by Senator Lewis and just right off the bat. The bill does not change any fees or fines. It's simply very simply requires MassDOT to make a reasonable effort to notify E-ZPass account3335 holders when they accrue more than $100 in outstanding fees and fines and what that does. It will aim to prevent individuals from receiving these large fines out of the blue and3346 just gives them a chance to pay their bills before they get too large to address. Now that we have moved away from the use of toll booths and from the yellow lights that warn motorists if they need to pay their account, it's even more likely that account holders are going to be caught off guard with substantial fees and fines and this could result from a mistake as simply as forgetting to update an address on file. So the bills all go to an old address and you never actually see them.
Uh, since the advent of electronic tolling MassDOT has occasionally assigned the wrong person or the wrong vehicle, the the or the fine and the toll and that causes the victim to run up hundreds in some cases hundreds of dollars in late fees and tolls without their knowledge. Uh, and under this bill MassDOTS's directed to take additional steps to get in touch with the account holders by comparing the address information on file with the national change of address registry, communicating with the account holder by email calling the account holder buy cell or home phone. These are not big steps that we're asking asking them to take to to notify consumers of their fees. It's a win for motorists. It's a3420 win for taxpayers. People are more likely to pay if they are notified before the charges get out of hand, less likely to face consequences when it's time to renew their registration or driver's licenses. And mistakes are more likely to get caught before the consequences are dire. Um This bill is a refile.
I know my predecessor3440 and Senator Lewis worked with MassDOT tried to get them to do this. I believe this3445 is another case of one of those things that they could do3447 of their own authority. Um They deferred to the vendor rather than take action so we are asking them to in a more firm way to take action through this legislation. So thank you so much for your time and consideration respectfully. I ask that you report 3560 favorably to ensure that it's considered in a timely manner. Don't hesitate to ask myself or my office any questions that you might have.
SHOW NON-ESSENTIAL DIALOGUE
Thank you rep and I try at times not to take my hand. But I will say I think this is a great bill ah and we'll see what the rest of the committee thinks of it. But you're right just to notify when an account reaches a certain level of indebtedness
might lead to either the payment which would be fine or
3504 learning that there is a mistake3506 in the system. Once again, if mascot would I decided to look at the policy exercise their own authority rather than rather than differ to their own contracted out party, we probably wouldn't be having this discussion so we'll see where it goes. Any questions from members of the committee. If not, thank you rep I'll call on Senator Comerford, I did want to acknowledge just before she starts uh the committee Vice chair on the House side, Representative Devers is here. Nice to see you as always. Great uh Senator the floor is yours
SEN COMERFORD - SB 2285 - Mr. Chair, thank you so3548 much for your wonderful facilitation and for taking me out of turn um Chair Straus Vice chair. Keenan colleagues on the committee. I will be very brief because Rep Khan did a beautiful job talking about an act facilitating better interactions between police officers and persons with autism spectrum disorder. Um We call this the Blue Envelope Bill and in its simplicity mr chair and it's really what what Rep Khan said so beautifully. It's a signal that people living along the autism spectrum can give. That interactions with them will need more care more thoughtfulness, maybe more time. Um Mr chair, it was brought to me by a constituent, a young man at the University of Massachusetts. Amherst with whom3592 I've had now many conversations along with faculty and staff and students supporters who were allies in the students development of this idea and the research that led back to the3603 Connecticut bill, which we certainly will make sure you have and the committee has Mr chair.
And then when the hearing was approaching and thank you so much for giving this consideration, I will say that the kind of testimony our team received was so beautiful and heart opening. It was from people living along the autism spectrum with autism, talking about their own encounters, young people who have not yet reached the age where they can drive folks who are currently driving, talking about moments that have been very, very difficult for them. And then maybe it's because I'm a mom Mr. Chair and I have a 13 and 15 year old, uh, the caregivers and parents', um calls, texts and emails have been overwhelmingly supportive. You know, 11 Mum characterized herself as a Mum and said that she's been walking the floor um, ever since she understood what her son struggled with and was living with and and really thriving with, but really wanting independence, wanting the ability to drive without fear.
And she said when she heard about this bill, which was, you know, through a network of social media network. It got to her. She just wept at the thought that there might be some layer of protection um for her child so that that someone would get a signal like, okay, alright, we were going to take a little different tact at this moment. Um So that's it. I know there's a long line of speakers. I just wanted to thank you so much for your consideration of this legislation uh and for allowing me just to offer a few words.
SHOW NON-ESSENTIAL DIALOGUE
Great, very helpful. Thank you senator. I know that the co chair, senator keenan wanted to add some thoughts on this senator.
SEN KEENAN - Thank you. Thank you. Mr Chairman. Just a senator Comerford.3709 And Rep Khan I just want to3710 thank you for bringing this forward and Senator Comerford, I know you've reached out and I look forward to meeting with your constituents I think within the next week and a half, two weeks. So I want to thank you for your advocacy on this. I really appreciate it.
COMERFORD - Thank you, terrific. Um that we're going to make space for that. And I'm I I just feel like it's just a beautiful idea that's come forward so organically from lived experience for our consideration as the legislature and for your committee's deliberations. Um Thank you so much. Chair Straus Vice-Chair Keenan.
SHOW NON-ESSENTIAL DIALOGUE
Sure, thank you. I we have been monitoring the list of colleagues who have signed up and there may have been a couple of more, but I've called on all that. I see if I have missed somebody. I apologize. I'm sure I'll get alerted to that. Uh, we're continuing on the balance of the witness list for those that have signed up. Uh, it's related. Uh, if she's here, Elizabeth flaherty from autism connections has signed up to testify today. Uh, if you're here will recognize you and please mute your microphone, Elizabeth flaherty,
we'll come back. That's okay. Uh, and continuing on the list. David Sweeney,
DAVID SWEENEY - MASCO - SB 2274 - Good afternoon. Mr Chairman. Uh Chair Keenan Chair Straus Members of the committee. Thank you for the opportunity to speak today. My name is David Sweeney. I'm the president and Ceo of MASCO, A non profit organization of 22 members in the Longwood Medical Area That includes several of the nation's top medical institutions, Harvard Medical School and the five colleges of the Fenway. For 50 years, MASCO has served as the preeminent planning organization advocating for and providing transportation services in Longwood with a team of urban planners, transportation managers and service operators,3838 advancing area improvements.
I am here today, speaking in support of Senate Bill 22 74 sponsored by Senator Brownsberger which would direct MassDOT to study extending the blue the Blue Line to Riverside, ensuring that the designs of more imminent projects, consider their impact on the engineering feasibility of extending the Blue Line in the future. This concept is included in the MBTA's Focus 40 plan and would significantly expand access to Longwood, especially for the 22,000 people who already work or seek care here from East Boston and the revere alone Today Longwood employs 68,000 people, educates 27,000 students, treats 2.8 million patients and supports $18 billion of the gross state product. With jobs growing at double the state's growth rate.
About half of employees coming too long would rely on public transit to get here and given limited road space, congestion, lack of quality direct transit service and large numbers of people moving in and out of this area every day. Transportation will continue to be a central challenge for Longwood institutions. Green Line service today3911 is often unreliable and over capacity and is expected to remain well below other lines even after planned improvements. Uh we are more than aware that this would be a high cost long term project, but with top hospitals in the country located here in over seven million square feet of potential development in Fenway, this area is uniquely positioned to drive innovation and growth for the state. If we truly want to think big, we3936 need to think about what's possible and that's exactly what this study would help us learn more about. Thank you and I'm happy to answer any questions. Mr Chairman.
SHOW NON-ESSENTIAL DIALOGUE
Thank you Mr Sweeney uh for testifying on behalf of this. Obviously that's a corridor that's um yeah, it hasn't been fully served when it on the public transit side and in the way you describe3965 so we'll see what we can do on that. Are there any questions from members of3970 the committee
hearing? None seen none. Thank you again. Mr Sweeney appreciate it. Um so what I'm going to do3979 now is we have a group I mentioned at the beginning of the hearing uh in the days hopefully which3987 will return soon enough of of live hearings at the state House. We often have panels where groupings are of witnesses come together and that helps the questioning and the presentation of the issues. So I'll call this a virtual panel but I'll call each of these people, I will list them all in order now but the order but each will testify in effect separately but but for presentation uh and conceptual purposes they are considered a panel first would be and this was brought up by rep bell Elugardo earlier first would be Garvey Wolf from A C L. U um uh prior Jones Adrian velasquez and Catherine Gleason, I
am happy to have you testifying the order I've read but if you want to mix up the order for purposes of your presentation, that's fine, I'd ask each each witness to try and hold your remarks to three minutes and then we'll handle the questions that may come up from members of the committee after all four of you have testified.
So again, if it's going to be Gobi great, but you can testify in any order in the group that that works for you. The floor is yours.
GAVI WOLFE - ACLU MASSACHUSETTS - HB 3453 - SB 2304 - Thank you. Mr Chairman, Good afternoon to you and the vice-chair and members of the committee, it is great to see you all. My name is Gavi Wolfe and I'm here to testify on behalf of the ACLU Of massachusetts in strong support of House 3453 Senate 2043 it's time for the commonwealth to stop taking away people's driver's license as punishment for things that have nothing to do with road safety, especially a person's inability to pay outstanding fines or fees like parking tickets or indigent counsel fees. Like many states, Massachusetts has come to reflexively turn to license suspension as a hammer for debt collection. But like debtors prisons before this system is not effective. Instead, it cruelly criminalizes poverty. It wastes public resources and harms public safety.
Now, like more than a dozen other states have done Massachusetts should reverse course when a person faces fines or fees they cannot afford and the RMV Suspends their license that impinges on the person's mobility and ability to hold a job and increases their existing economic hardship To get their license back, they have to pay the original debt and any accrued late fines plus a license reinstatement fee that can be as high as $500, of course people who have money will simply pay the original fine, it's the folks who can least afford it who face the compounding consequences of non payment4157 as their debt increases, so for an identical civil violation, people with means pay less in the end and suffer fewer collateral consequences than people without means.
The data also shows other inequitable impact because charges for driving with a suspended license are disproportionately brought against drivers of color and rural drivers for whom driving is simply a necessity. So this is certainly an important matter of justice, but it's more than that. It's also wasteful and it's bad for public safety. According to the RMV in 2019 alone, the agency suspended more than 100,000 licenses for reasons that have nothing to do with roadway safety. And the resulting fiscal burden on the commonwealth is staggering every year. Between 2018 and 2021 driving with a suspended license was the leading charge. In 11 or 12% of trial court cases. Each of those cases required administrative notices, court appearances and in some cases public defenders in jail time.
Each charge creates work and operational expenses for police, the RMV District attorneys, public defenders, court clerks, judges and countless other state actors. Decriminalizing driving with a suspended license would save these agencies millions of dollars as for public safety suspending licences because of non payment and enforcing those suspensions is not a neutral proposition because it siphons resources away from public safety, it endangers all drivers because it increases the number of uninsured drivers and because it distracts law enforcement from tending to legitimate safety violations. Licence suspensions and criminal charges for operating after suspension should be reserved for those drivers who must be taken off the road because they are a danger to others. I'll stop there and turn it over to my colleague at the Committee for Public Counsel services Adrian Velasquez.
ADRIAN VELAQUEZ - COMMITTEE OF PUBLIC COUNCIL SERVICES MASSACHUSETTS - HB 3453 - SB 2304 - Good afternoon. Chairman Straus Chairman, Keenan and and his team member of this committee. My name is Adrian Velasquez. I'm a legislative policy counsel for the Committee of Public Council Services, the public defender office the Massachusetts, I'm here to testify in favor of H 3453 Senate 2304 an act to eliminate that debt-based incarceration and suspension. It's very common for the Massachusetts Registry of Motor Vehicles to suspend driver license of people who fail to pay4303 fees and fines very often these debts4305 are not related to driving safety violations or traffic law. As a result, these suspensions forces individuals and families into a difficult predicament. Either a person choose to drive illegally with a suspended driver's license to cover basic needs like going to work, school or medical appointments or they don't drive, lose their income, access to healthcare, education and other important services thus pushing them into further into a cycle of poverty.
The suspension place unnecessary burdens on poor families across the commonwealth while at the same time criminalising them. For instance, if a person gets caught driving after a debt-based license suspension, that person faces a penalty of up to one year of jail. In addition to More fines administrative fees or further extension or suspension. Now picture a single mom with kids with a suspended driver's license, she decides to drive to work with a suspended license, she gets caught. Now she loses her ability to go to work. She faces prison time. Her kids could be sent to the CS all just because she couldn't play some fees and the commonwealth did not provide for a process to work with her. Ladies and gentlemen make no mistake. This is how a lot of people enter the criminal justice system. In our commonwealth, a valid identification is crucial and necessary for work verification, financial transaction and essential government services. If you are poor and you don't and you don't have a driver's license, everything costs more.
Transportation becomes an obstacle and not having transportation options, especially outside Boston shrinks opportunity for essential services. In some cases it might lead to criminal liability. The good news is that we, as a commonwealth can do something about it. Among all the things passing this bill would number one eliminate that. debt-based license and registration suspensions, revocations are non-renewal. Number two, it will create a process for someone to request a waiver or reduction of fees and fines upon showing of indigents Number three, it will put a $500 fine cap for driving with a suspended registration where the suspension or revocation is not safety related.
Number four. And let me make this point very clear. It makes no changes to criminal penalties and additional license suspension if the person was convicted of dangerous driving offenses. Finally, I want to remark that the Massachusetts Bar association is in favor of these bills with unanimous support of their delegates. Once again, thank you for your time and attention and we encourage you to report this bill favorably. Thank you.
PRIYA SARATHY JONES - FINES AND FEES JUSTICE4498 CENTER - Thank you for this committee for the opportunity to testify on an act4503 to eliminate debt-based incarceration and suspensions. My name is Priya Sarathy Jones and I'm the national policy and campaigns director at the Fines and Fees. Justice Center. The Fines and Fees. Justice center is a national hub for information, advocacy and collaboration for reform on fines and fees. We also serve as one of the leading organizations on the free to drive campaign,4520 a national movement to debt-based driver's license suspensions in the United States. Thank you to the representatives and senators along with others who have explained the harms of this policy very well today.
It is a counterproductive and it doesn't to advance any legitimate goals the government may have in the space of public safety Legislatures across the country, conservative and progressive realized the harms of debt-based driver's license suspension. In just four years, 22 states have passed legislative reforms to limit debt-based driving restrictions. States such as Arkansas, Montana Colorado Texas Virginia, Mississippi California Idaho Illinois Maine, New York Michigan Maryland Oregon, Hawaii Utah West Virginia and the District of Columbia4561 have enacted legislative reforms to tackle debt based suspensions. While this is not an exhaustive list,4567 it represents the fact that this is an issue with strong support across political climates in this country. This is4573 an issue this issue has become so important. Even the federal government has taken notice. Currently there are bipartisan bills in both the United States House and Senate. The Driving for Opportunity Act designed to reward states who end debt based driver's license suspensions and highlight federal government's awareness and interest in trying to deal with this harmful policy.
The bill and the movement to end debt-based driver's license suspensions enjoys support from organizations across the political spectrum civil rights and economic justice advocates, street safety organizations, as well as prosecutors, Criminal defense organizations and national law enforcement organizations, organizations such as ALEC, ACLU and Americans for Tax Reform alongside the4611 fraternal order of the Police, National District Attorneys Association and National Association of Criminal Defense Lawyers are all in support of ending this practice and acknowledge the issue of using debt based suspensions in our system.
Given the momentum in the space, Massachusetts has the benefit of knowing that these states did not fall to communities and residents disengaging4631 from their responsibilities to address their fines and fees. In fact, jurisdictions have found an increase in collections or no negative impact at all on their collections. After entering this practice, ending debt-based suspensions and limiting driver's license to actual public safety related driving issues is good policy, it remove the barriers4648 to employment, healthcare and basic needs While increasing the opportunity for mobility and economic prosperity. In midst of our country's attempts to economically rebound from the financial harms caused by COVID-19, we need to remove these harmful policies and create as many pathways as possible for our citizens to achieve prosperity. Thank you for the opportunity for the Fines and Fees Justice Center to express our support for this bill and I'm happy to answer any questions you may have today. I will turn it over to Catherine. SHOW NON-ESSENTIAL DIALOGUE
Oh, I'm sorry. We've got one more. I apologize to Catherine Gleason. No, no problem. Thank you.
CATHERINE GLEASON - LIVABLE STREETS ALLIANCE - HB 3453 - SB 2304 - Um, good afternoon everybody and and thank you for the opportunity to speak at this hearing. My name is Catherine Gleason and I'm testifying on behalf of Livable Streets4694 Alliance today in support of H 3453 S 2304 an act to eliminate debt-based incarceration and suspensions. Livable Streets is a transportation and housing advocacy organization and we're also a member of the Massachusetts Vision Zero Coalition, a statewide group focused on road safety. We believe in a safe systems approach prioritizing planning, engineering and policy, not policing and punishment to make streets safer. So many excellent points have already been made so far, both earlier in the hearing by Representatives Elugardo and Senator. Cyr and by my4724 fellow panelists today.
So for the sake of time and not being too repetitive, I'll keep my testimony concise. Um I want to emphasize as others have mentioned that this proposed legislation isn't about road safety according to a memo released by the Massachusetts RMV4739 Around 230,000 license suspensions are issued each year and over half are for civil infractions, non payment and administrative issues. And as many have mentioned before me when someone is unable to pay a fine, people are forced to make tough choices between driving with a suspended license and being able to access crucial services like health care or getting to work. And research shows that many people do continue to drive with suspended license, leading to more drivers who cannot be insured driving on our roads. So suspending so many license licenses for reasons unrelated to road safety is actually having a negative impact.
Overall, the current system further punishes low income individuals compounding compounding the consequences while individuals who can afford4782 to pay for a ticket are able to pay and move on. This is not an issue of traffic safety, but one of entrenched inequities in our system the propose legislation aims to break these cycles of debt and prevent unjust mobility restrictions and incarceration due to issues unrelated to safety on our roads. Um, as mentioned before, over4802 22 states and Washington D. C, have implemented similar reforms and the proposed Federal Driving for opportunity Act aims incentives for states to stop debt based licence suspensions. I encourage the committee to report out favorably on4815 H 3453 and S 2304 and add massachusetts to the list of states making these important changes. Thank you so much for your time and consideration.
SHOW NON-ESSENTIAL DIALOGUE
Thank you to each of the four members of the grouping or panel that have testified. Now open it up to questions from members of the committee. If there are any anyone on the committee,
I hear none. I see none.4841 I want to thank you all. And and as you noted, we received some earlier testimony from two of our legislative colleagues on this and recognize the importance of the issue and thank you for taking the time to be with us today. If you have anything given the many other states and jurisdictions that you mentioned, if you have anything in terms of materials that you wish to submit that we can share with other members of the committee, please feel free to do so. If not, I will move on and thank you again to the for members of the panel before calling the next witness. I wanted to note, I meant to recognize her earlier rep Karen's has joined us as a member of the committee. Welcome rep
going back to the uh hearing list. The witness list. I should, I could have done a better job managing this. I see that we did have another witness signed up with regard to the um autism proposal on the blue envelopes that would be at least Levin Kanji, are you still here? I saw you earlier.
I am here thank you very much. Um and you know what else? I also have a colleague, Maura Sullivan who um here too. So I'm happy to have her follow right after you. Thank you. Um and you know what and if if Moore wants more could actually go first. It's up to you mara. No ok, ok,
ok
ILYSE LEVINE-KANJI - AFAM - HB 3516 - SB 2285 - Well thank you very much. Chair Straus and chair Keenan4952 for and members of the committee for letting us speak today. My name is Ilyse Levin-Kanji. I'm from Westboro. I'm testifying on behalf of the Massachusetts of the Advocates for Autism of Massachusetts or AFAM in strong support of the Blue Envelope Law filed by Senator Comerford and Representative Khan Senate 2285 and House 3516. I have a 23 year old son who has autism. His name is Sam and like many people with autism, he does not have any physical characteristics that would let a stranger know that he has significant neurological differences.
Sam has his driver's license and he's an excellent driver because again, like many people with autism. He is a real rule follower, he won't speed, he won't change lanes dangerously, he won't fiddle with the radio, like neurotypical kids his age, young adults his age, but if a police officer would pull him over for an infraction, he is very likely to panic and become emotionally overwrought. He has um garbled speech, his speech can be unintelligible at sometimes, especially when he's nervous and I think a law5034 enforcement officer who is not familiar with autism, I would think that he's intoxicated or on drugs and especially again, because he looks typical, they wouldn't understand why he is um acting strangely not able to follow basic commands. Um and uh and and and and just being non responsive also. Um if he gets overwhelmed, he likes to please people, so he likes to answer questions in the way that he thinks that the person wants to know.
So if you give him two two options, he will just, he will always choose the5080 last option just to just to be agreeable. So again, a police officer just might not understand um that he's that that he has autism and that he that you can't really treat him like anybody else. So that is why having this blue envelope is just a huge game changer. Um right now, I live in Westborough. In in our town, he knows so many of the police officers in our town, but5107 he's actually moved down to Plymouth um about a year and a half ago, um, because he has a job down there and, and a support system down there and obviously he does5118 not know the police department5119 in, in Plymouth since it's such a large department. Um, and so having this blue envelope that would be right on his visor, um, that he could hand to uh, an officer would just would, again, just a game changer.
Um, we have been speaking to the joint committee on Public Safety about, um, police officers being trained and they are right now, thanks to you all um, new recruits are trained in dealing with people with autism and now we're hoping to expand that legislation as Rep Khan was talking about to veteran officers. Um, so the last thing that I, and, and so the two bills would be excellent to come together because they both would have huge ramifications for people with autism. Um, I know that there's been some discussion about, would a blue envelope somehow stigmatize a person with autism and obviously you're not mandating that everyone who has autism needs to have a blue envelope.
It's only for people who want it. And so for autistic people who don't feel they need an envelope or feel that it would be stigmatizing. There'd be no reason for them to have to get it, but for somebody like my son Sam who looks typical and, and is a very good driver, but absolutely, um, has significant impairments. Um, it would be it would be a life changer, a game changer. So again thank you very much for your time and for the good work that you do every day. And I urge you so strongly to please pass this bill out of committee out of committee favorably.
SHOW NON-ESSENTIAL DIALOGUE
Mhm. Thank you for your compelling testimony and thank you. I know it's not easy for opening a window into your own family's life and experience. Uh it takes a lot of courage and you've helped us learn quite a lot today in addition to the other witnesses on this. So I guess by agreement will now go to Moore a Sullivan and the floor is yours.
[MAURA SULLIVAN - ARC OF MASSACHUSETTS - HB 3516 - SB 2285 - Thank you so much. Um Good afternoon Chair Straus and Vice chair Keenan and Vice-chair Devers and members of the joint committee, thank you for the opportunity to provide testimony today for H 3516 and S 2285 an act facilitating better interactions between police officers and persons with autism spectrum disorder or the blue envelope bill. My name is Maura Sullivan and I'm the director of government Affairs for the Arc of Massachusetts where the leading advocacy organization for people with autism and intellectual and developmental disabilities. And I'm also the director of a program called Operation House Call which teaches medical students how to enhance care for individuals with autism and IDD Or intellectual disabilities. Um my advocacy and my testimony today and always is shaped from my experiences as a Mum to my two young adults with severe autism Neil and Tyler And right now the background noise is definitely Neil, so um if it gets too loud I can submit written testimony um but thank you to the sponsors Rep Khan and Senator Commerford for your testimony and for championing a bill that addresses safety, equity and inclusion for people with autism.
I'm especially interested in advocating for this bill because after passing the mandated police training amendment through the police reform bill, last session with the help of Rep Tucker The Arc has prioritized Rep Khan and Rep Tucker's police training for veteran officers this session and the cadet training that passed last session does include training on traffic stops, as will the veteran training um if it passes this year, in fact Ilyes and I just had a meeting with Chair Gonzalez of the public safety and we spoke about the importance5369 of identification and having this blue envelope that provides clear information with an opportunity to cue police officers regarding an individual's communication challenges, sensory issues, anxiety, processing time eye contact tons of issues and any other area
Um and this will result in improved interactions. The increase in autism in the last 20 years has been astounding 787% increase. Hundreds of individuals are entering the adult world in Massachusetts each year, My sons are 18 and 20, in my experience teaching medical students. Um, I believe the complexity of autism needs as many tools for the community to help them understand um as we can possibly provide and as an advocacy5425 organization, we also want to help individuals and families thrive and live with the most independence possible. And for some this may mean that they don't want others in the community to be aware of their diagnosis of autism. And that is wonderful to the blue envelope bill respects that as it is voluntary for the driver. And again, this bill coupled with the police training bill H 2531 which focuses also on the intersection of people of color and autism will be most effective in preventing these stressful, complicated and dangerous situations.
So thank you so much for your time and please stay well everyone and always reach out to The Arc with any questions. Thank you.5470
SHOW NON-ESSENTIAL DIALOGUE
Thank you Miss Sullivan and my comments would be repeated for you to bring your testimony and sharing your own experiences with us. Are there any questions or comments from members of the committee?
If not, thank you both and appreciate very much your taking the time to be with us today. You're invited to stay through the rest of the hearing if you like. Just please make sure and I see they are your microphones are muted. We will return to the rest of the the witness list now. Uh and I see uh maximum Callahan grower signed up next you here.
[MAXXEN CALLAHAN-GROWER - CONCERNED CITIZEN - Yes I am here. Um I am in support of the blue envelope bill that Joanne Comerford to make interactions. The the bill will help people with autism and police officers be more likely to have successful communication. It is easy to get anxious when interacting with police because once and I learned some research for5545 this bill, it is very difficult for police to quickly access human behaviors. And I got an interview from the police chief, his name's Chief Pam UMass to discuss the bill who would, who supported me in distributing the survey to Massachusetts Chief of Police Association.
We discussed how difficult it can be for police officers to make a quick decision with trying to figure out if someone has a disability which might cause communication challenge. In a survey my team created for Law Enforcement, 52 Members from Massachusetts Chief of Police Association and Umass Amherst police took the survey representing over 40 towns 92.3 said the bill would be helpful or somewhat helpful and daily work 98.1 of the law enforcement people support the bill as currently written as support the bill. As currently written. I hope you pass this bill because it will make it a lot safer for people for me as a person with it who is on the autism spectrum and other people who are on the autism spectrum. SHOW NON-ESSENTIAL DIALOGUE
Thank you max and thank you for your patience and waiting through the hearing the rest of the hearing and and offering your personal testimony and5656 experience and direct knowledge of the issue and what it means. Are there any5662 questions or comments from members of the committee?
Seeing none. Thank you. And you're welcome to stay through the rest of the hearing. I did want to recognize I meant too much earlier in the hearing that another member of the committee, senator Chandler has been with us and uh throughout most of the hearing, senator great to see you and we have only a few5688 witnesses last who I haven't called on. So let me continue. Um, and next I see having signed up Cassidy A Heart from M. A. P. C. Are you still with us? Yes, I'm here.
[KASIA HART - MAPC - HB 3427 - SB 2260 - Thank you so much. Chair Straus Um Good afternoon chair. Straus Vice-chair Keenan and members of the committee. Thank you so much for the5718 opportunity to provide supportive comments on House Bill 3427 Senate Bill 2260 an act relative to a resilient transportation system filed by Representative Ciccolo and Senator Boncore my name is Kasia Hart and I'm a policy analyst with the Metropolitan Area Planning Council. MAPC is the regional planning agency that serves the 101 cities and towns of metro Boston. We work to build a more equitable and inclusive region and a safe, reliable and resilient transportation system is integral to this mission MassDOT and the MBTA are Taking important steps to understand their systems.
Most pressing climate vulnerabilities and identifying solutions to address them. The needs identified in these studies will be critical to address and having a comprehensive picture of the cost of these investments will help the commonwealth mitigate these vulnerabilities before the consequences of an action become even more costly. Federal dollars will soon become available through the Infrastructure Investment and Jobs Act to address some of these vulnerabilities and we're grateful to MassDOT for considering how to use these resources to support climate resiliency. However, we all know these funds won't be enough to address our transportation needs, especially in the long term. The first step to addressing these longer term funding needs is getting a clearer picture of the actual costs of these critical resiliency investments.
And this bill takes three steps to do just that First, the bill expands the requirements for the vulnerability assessments. All Massachusetts. Executive5805 offices are required to do as part of the Global Warming Solutions Act. Specifically this bill directs MassDOT and the MBTA. To determine the total cost of making the transportation system. Climate resilient within5815 their vulnerability assessments importantly, the assessment must include the cost savings associated with making these investments and protecting the transportation system from the growing threat of climate change. Additionally, the bill requires MassDOT and the MBTA. To identify priority climate resiliency investments within their vulnerability assessment. This should be based on a variety of factors including severity of climate risks, safety concerns for riders and employees and whether the infrastructure and question serves environmental justice communities. The bill directs the most urgent needs to be given priority consideration within the state of good repair and modernization elements of the capital investment plan.
Finally, because we all know we're already feeling the effects of climate change today, this bill5862 directs the MBTA. To determine its ability to provide replacement service or alternative service during extreme weather events including flooding, extreme heat, excessive snow and ice and others. As Representative Ciccolo noted earlier, there is great urgency to ensure our transportation system can withstand the growing threat of climate change. Understanding the cost of making these essential climate resiliency investments will provide a clearer picture of the scale of the need and how to chart a path forward. Thank you for your consideration of these comments. We will be following up with written testimony and I'm happy to answer any questions. SHOW NON-ESSENTIAL DIALOGUE
Thank you And I'm sorry I mangled your first name. My apologies. Any questions from members of the committee from his heart.
Thank you5914 again. And obviously any documentation you have or you know, materials that that5920 can help the committee on this. We appreciate having those sent along. Thank you again. Uh next uh5927 signed up to testify would be Jarret johnson from transit matters. Um, Mr johnson, are you here?
I don't think so. I'll check back before we conclude. I then have Juanita Gibson from Conservation Law Foundation had signed up. Are you here to testify?
Yes, I am. Thank you very much. Great. The floor is yours.
JUANITA GIBSON - CLF - HB 3545 - SB 2280 - Thank you to Committe Chair Straus Vice-chair Keenan endeavors and members of the Joint Committee on Transportation. My name is Juanita Gibson and I am a staff attorney at Conservation Law Foundation Conservation Law Foundation or CLF is a nonprofit member supported regional environmental organization working to conserve natural resources, protect public health and promote thriving communities for all in the New England region. CLF protects New England's environment for the benefit of all people and we use the law, science and the market create solutions that preserve our natural resources, build healthy communities and sustain a vibrant economy. I'm here testifying in full support of H 3545 and Senate Bill 2280 promoting rapid transportation electrification for the Fairmount Corridor. Thank you to our buildings sponsors Rep Miranda, Rep Fluker-Oakley and Senator Collins CLF is a member of the Fairmount Indigo Transit Coalition, which advocates for the changes specified in these bills.
Transportation access and environmental justice are issues of fundamental importance to residents and workers on the Fairmount corridor, the Fairmount line serves thousands of transit dependent, including low income residents and people of color. Yet while the Fairmount line serves6035 a comparable route two subway lines and is used for similar commuting trips, fares and frequency of service on the line do not match those of the Red Line and other routes serving affluent areas. Likewise, Fairmount line riders do not have seamless access to the rest of the MBTA network and the way that subway riders do EJ Environmental Justice populations disproportionately suffer the negative impacts of transportation emissions on average residents of color in Massachusetts are exposed to pollution from vehicle emissions that are 26-36% higher than the exposure of right excuse, me white residents as Massachusetts transitions to electric transportation, electrification of the Fairmount line must be a priority.6076
To address these inequities the Fairmount Indigo Bill will speed up travel time, increase transportation access and affordability require high level ADA Compliant platforms that the removal of paramount stations and flight Excuse me, fight, climate change and pollution. The Fairmount line is MBTA' shortest with nine stops along its 9.2 miles of track, heavy diesel locomotives are ill suited for the line. Short station spacing, subway style electrified train cars will be able to cut the end to end trip time on the Fairmount line from a half hour to 18 minutes. The MBTA's Rail vision team found that electrified rail in the urban core would reduce vehicle miles traveled by 166 to 428 million per year and total trips by 18 to 36 million per year Massachusetts communities, especially those most impacted by pollution should benefit from electric transit. Mhm.
Moreover, electrification will contribute to the commonwealth's, greenhouse gas reduction targets. The Fairmount Corridor Bill will help combat climate change, improve air quality and further transportation justice beyond electrification. We support the proposed fare changes in these bills as they will provide needed support to Fairmount Indigo Line riders, fares charged at all statements of the Fairmount line from rebuilt to South station should be6160 the same rate as those charged to ride the subway network. Fare changes should also maintain fees transfers from the Fairmount Indigo line, to connecting bus lines and to the red and silver lines at South station. Thank you all for your time consideration6174 and for the opportunity to provide testimony and support for this bill. Um if there are any questions I'd be happy to answer them.
SHOW NON-ESSENTIAL DIALOGUE
Thank6181 you. Thank you for your testimony. And as I noted after committee member Fluker Oakley testified earlier today on this. There really needs to be a6195 a sense that the Fairmount line functions like the rest of the subway system for all the reasons you identify so thank you for taking the time today. Are there any questions from members of the committee
hearing? None Sena and I want to thank you again for your testimony. Miss Gibson. Uh and the committee will certainly be working on this bill. Uh,6221 that does conclude the list. I have a couple of people I had called. We're not here earlier. Just checked once more. The first of those was Elizabeth flaherty. Have you since joined us?
Okay. Um, and again on the chance that I miss someone, is there anyone here who thought they had signed up to testify today and still wishes to, I see a hand gum up from, I only have it as Marcus on my screen so I apologize
recognize you now if you could just identify6260 yourself and the bill or measures you wish to testify about the floor is yours. You just have to6267 a new, your microphone.
Your microphone is still off I believe
I know that. There we go. Sorry about that, thank you. Okay.
MARK SENA - HB 3516 - SB 2285 - Yes, my name is Mark Sena and I am on a team with max who spoke earlier. Um I wanted to just speak in favor of the blue envelope bill uh, from Representative Khan and Senator Comerford. Uh, we will be submitting the surveys that Max came up with to both as soon as possible. Um, I just got a brief statement that I'd like to say interactions between police officers and people with autism spectrum disorder have posed unique challenges where breakdowns in communication can lead to less effective results in policing when an officer interacts with the community member, they must make split second judgments. These can include observations of behaviours, physical appearances in the conditions of the surrounding area, just as with any person. Individuals with ASD present themselves uniquely with a variety of different behaviors and appearances, behaviors common with autism vary but can include repeating language spoken to them, engaging in physical tics such as moving their head or arms and they need more time to respond to questioning.
While an autistic individuals may desire to have a smooth and clear interaction with law enforcement. Their behaviors may lead an officer to believe they are acting suspicious suspiciously whether due to drugs or other disturbances. This can lead to negative6376 outcomes during routine interactions causing trauma. For both parties, it can further stigmatize people with autism as well as decrease in trust of police in the community. The blue envelope bill would work towards solving some of these challenges Through a simple opt in envelope that individuals with autism can pick up at their RMV. The envelope would hold their registration. IDs, pertinent information about the persons behavioral presentation and possible communication techniques. Excuse me, techniques that an officer can utilize, such as speaking slow and allowing time for responses.
This envelope would be given to a The officer at the beginning of an interaction. Help facilitate communication between the two parties. If the officer now6419 knows an a typical behaviour presentation is due to an individual's identity interaction can turn from tense to calm to even cordial. While some may voice privacy and our discrimination concerns. We believe that the opt in nature of the envelope allows for individuals to maintain control over how to disclose themselves. The ability for individuals to use the envelope in situations of their choosing also keeps them in control of this disclosure. If there are challenges with discrimination of disabled people by police, this is outside the scope of this bill. It would require more police training6456 or other solutions.
This is a simple bill that provides a6460 simple solution to a communication challenge for many police officers. We believe it is one solution for more of to have a harmonious community. Um Again, um uh just to recap Max's surveys again um between UMass Amherst Police and the Chief of Police Association. Again, 92.3% of law enforcement responded favourably saying uh this would improve their work daily uh and be considerably helpful to even somewhat helpful. The remaining respondents was neutral, 98.1% of police officers responded uh that they would vote to pass. This bill as currently written. Um So I just wanted to thank you for your time and we're Team Max is in favor of the blue envelope bill.
SHOW NON-ESSENTIAL DIALOGUE
Thank you very much. I see we have a question from committee members sat um ali Kerans rep.6525
REP KERANS - Thank you. Thank you. Mr Chairman. Um Great job by Team Max. I apologize if this was covered earlier, I was unavoidably detained. Um This bill sounds6537 terrific just quick. The mechanics of it. This would be I assume issued by the registry or somehow officially uh sanctioned and that's how you would ensure that the right people have it should they want it. And is that how it would work?
SENA - That's correct.
SHOW NON-ESSENTIAL DIALOGUE
By understanding the uh
oh that's Lewis Sorry about that. I just want sorry about that.
SENA - Um Well I could you yield to Senator Comerford or Representative Khan if you want to speak specifically to this. My my understanding is that it's an opt in where the Registry of Motor Vehicles um manages manages that uh and you know on a case by case, case by case basis. Um you know people can elect to pursue this blue blue envelope and you know the the concept of having ideal uh ways to approach and communicate. I think that really uh really makes the bill that much more attractive aside from just having a physical uh identification and to slow down the intensity but I'll I'll be quiet so maybe Senator Comerford or representative can speak more to that.
KERANS - Thanks I can and I can dig in a little bit more afterwards. I can follow up offline but thank you. Thanks very much.
SHOW NON-ESSENTIAL DIALOGUE
Thank you.
They experience with the tenant proposal in Connecticut I believe so there will be more materials coming around for the committee and uh as we get into this topic, any other questions uh
I don't see any or hear any um uh and again um just opening it up if if there was anyone else who had signed up for felt they had signed up to testify. Uh This would be that time. Uh If not I asked senator keenan if he had any other remarks, otherwise we do have another hearing. We have to hearings coming next week, but our next one will be next Tuesday on another list of bill topics. Senator Keenan I don't know if you had anything to conclude with. Just thank you Mr chair and thank you to all those who testified and thank you to my colleagues for for joining us. Have a great have a great night thank you all6720 I just wanted in closing um just of course thank legislative information services L. I. S. Without their help uh week and our staffs of both chairs offices, we could not pull this off successfully as I think we did today. So that said6739 I will entertain a motion to adjourn. I hear one and second. Did I hear that all in favor
and we'll see you all at the next hearing next Tuesday. Thank you to everyone, witnesses6753 and members of the committee and the public goodbye. Thank you
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