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HOUSE DOCKET, NO. 3789 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3861
The Commonwealth of Massachusetts
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PRESENTED BY:
Manny Cruz
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to junior operators.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Manny Cruz7th Essex1/20/2023 1 of 4
HOUSE DOCKET, NO. 3789 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3861
By Representative Cruz of Salem, a petition (accompanied by bill, House, No. 3861) of Manny
Cruz for legislation to establish a junior operator’s license fund to be administered by the
Registrar of Motor Vehicles. Transportation.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to junior operators.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting after
2section 2AAAAAA the following section:-
3 Section 2BBBBBB. (a) There shall be established and set upon the books of the
4commonwealth a separate fund to be known as the Junior Operator’s License Fund. The fund
5shall be administered by the registrar of motor vehicles.
6 (b) The fund shall be credited with: (i) revenue from appropriations and other money
7authorized by the general court and specifically designated to be credited to the fund; (ii) funds
8from public and private sources such as gifts, grants and donations; and (iii) interest earned on
9money in the fund. The fund shall not be subject to section 5C of chapter 29 and shall be subject
10to appropriation.
11 (c)(1) The fund shall be used to provide financial assistance to persons from
12disadvantaged backgrounds seeking a junior operator’s license by providing grants to reduce or 2 of 4
13eliminate the cost of a driver education and training course required pursuant to section 8 of
14chapter 90.
15 (2) Students shall be eligible to receive financial assistance from the fund if the student or
16the student’s household is eligible for any 1 of the following 5 programs: (i) free or reduced
17lunch pursuant to the federal school lunch program; (ii) MassHealth; (iii) the supplemental
18nutrition assistance program; (iv) the federal program of temporary assistance for needy families;
19and (v) the residential assistance for families in transition program.
20 (3) The registrar shall create an application form to be used for determining eligibility for
21all persons seeking financial assistance from the fund.
22 (d) The registrar shall establish rules and regulations that are necessary to implement this
23section.
24 SECTION 2. Section 8 of chapter 90 of the General Law is hereby amended by striking
25out, in line 90, as appearing in the 2020 Official Edition, the words “6 months” and inserting in
26place thereof the following words:- 90 days.
27 SECTION 3. Said chapter 90 is hereby further amended by inserting after section 8M the
28following section:-
29 Section 8N. (a) Before enrolling a student in a driver education and training course, as
30described in section 8, the provider of the course shall provide written notice to the student
31identifying the requirements of the course and the amount of time needed to complete all
32requirements of the course. 3 of 4
33 (b) The provider of a driver education and training course shall refund all payments made
34by the student for the course if:
35 (1) either (i) the provider of the course fails to provide the notice required pursuant to
36subsection (a), or (ii) the provider of the course fails to complete the course within the amount of
37time specified in the notice made pursuant to subsection (a), unless failure to complete the course
38was due to delays caused by the student; and
39 (2) the student’s learner’s permit issued under section 8B expires prior to the student’s
40completion of the course.
41 (c) The notice required by subsection (a) shall identify a student’s right to a refund
42pursuant to subsection (b).
43 (d) The registrar shall collect data on: (i) the number of annual enrollments in driver
44education and training courses in the commonwealth; (ii) the number of people whose learner’s
45permit expired before obtaining a junior operator’s license; (iii) if known, the reasons for a
46learner’s permit expiring before a person obtained their junior operator’s license; and (iv) the
47name and location of any person or entity providing a driver education and training course in the
48commonwealth and the number of learner’s permits that expired while applicants were enrolled
49in their program.
50 (e) The registrar shall file an annual report on the data collected pursuant to subsection
51(d) with the attorney general’s office. The attorney general’s office shall create an advisory board
52to review the annual report and make recommendations to the registrar relative to the data. 4 of 4
53 (f) The attorney general’s office, in consultation with the registrar, shall establish a form
54to be used for making a request for a refund pursuant to subsection (b). Students making a
55request for a refund pursuant to said subsection (b) shall complete and submit the form
56established pursuant to this subsection to: (i) the attorney general’s office; and (ii) the provider of
57the education and training course.
58 (g) The attorney general’s office shall assess fines and civil penalties not more than
59$1,000 for any violation of subsection (a), (b) or (c).
60 (h) The attorney general’s office, in consultation with the registrar, shall make rules and
61regulations to enforce this section.