SENATE DOCKET, NO. 710        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1945

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to driver's education in public high schools..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.   Chapter 10 of the general laws is hereby amended by adding the following section:-

Section 75.  There is hereby established on the books of the commonwealth a separate fund known as the Young Driver Education Trust Fund. Said trust fund shall consist of monies paid to the commonwealth pursuant to section 20 of chapter 90 requiring a 5 per cent surcharge on all assessments for moving violations and any interest or investment earnings on such monies. The state treasurer, ex officio, shall be the custodian of said trust fund and shall receive, deposit and invest all monies transmitted to him under this section and shall credit interest and earnings on the trust fund to the fund. Funds collected pursuant to said section 20 shall be expended without further appropriation for the purpose of maintaining driver education courses in public schools for high school students, as required by section 13D of chapter 71.   In order to ensure that such courses are continued without interruption, the comptroller may certify for payment amounts in anticipation of revenues collected for the corresponding quarter during the previous fiscal year.

SECTION 2.  Section 13D of chapter 71 of the general laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 1, the word “may” and inserting in place thereof the following word:--  shall.  

SECTION 3.  The first paragraph of section 20 of chapter 90 of the General Laws, as amended by section 44 of chapter 182 of the acts of 2008, is hereby further amended by striking out, in line 34, the words “and, provided further” and inserting in place thereof the following words:-  provided further.

SECTION 4.  Said section 20 of said chapter 90, as so appearing, is hereby further amended by striking out the word “dollars” and inserting in place thereof the following words:--  dollars; provided further, that there shall be a surcharge of  5 per cent of the fine assessed against a person who is convicted of or found responsible of any violation of this chapter which is a moving violation for the purpose of determining surcharges on motor vehicle premiums pursuant to section 113B of chapter 175, unless the court reduces or waives such surcharge upon a written finding of fact that such surcharge would cause the person against whom the surcharge is imposed severe financial hardship and such finding was made independently of a finding of indigence for purposes of appointing counsel; and provided further, that monies accrued from such 5 per cent surcharge shall be transferred by the registrar of motor vehicles to the state treasurer for deposit into the Young Driver Education Trust Fund.

SECTION 5.  This act shall be known as and may be cited as “David’s Law.”