334 Mass. 711 | Mass. | 1956
To the Honorable the House of Representatives of the Commonwealth of Massachusetts:
The Justices of the Supreme Judicial Court respectfully submit this answer to the question set forth in an order adopted by the House on May 7, 1956, and transmitted to us on May 9.
The order refers to a bill known as House, No. 2505 now pending before the General Court and entitled “An Act relative to the refund of surcharges under the highway safety act,” and reads as follows:
1 “There shall be refunded to all owners of motor ve-
2 hides who shall have had assessed to them and paid a
3 surcharge on demerit points under the provisions of
4 chapter ninety A of the General Laws, all money paid
5 upon either repeal or changes of said act, or shall be
6 declared unconstitutional by judicial determination.”
The question set forth in the order is this: “Is it constitutionally competent for the General Court to enact a law
The highway safety act is c. 90A of the General Laws, inserted by St. 1953, c. 570, § 1. It took effect June 30, 1953. It contains seventeen sections, and without going into unnecessary detail it provides, among other things, for the establishment and administration by the registrar of motor vehicles of a "point system” by which individual owners and operators are to have charged against their records "points” evaluated according to a "graduated scale” based upon the seriousness of reportable delinquencies on their part. § 5. There is to be established "a schedule of the penalties to be imposed as a consequence of the accumulation of points charged against the operating records” of owners and operators. §§ 6, 7. These “penalties” become operative by way of "surcharges” upon the premiums to be paid by owners upon motor vehicle liability policies or bonds becoming effective or having anniversary dates subsequent to December 31, 1955, and are based upon the total number of points charged against the record of an owner during a previous period of approximately four years, or that portion thereof during which the point system has been in effect. § 14. The commissioner of insurance in establishing classifications of risks and premium charges as required by c. 175, § 113B, must give consideration to the points charged against owners and is required to fix "a schedule of premium surcharges or penalties to be applied to premium charges” and to be "graduated according to the point accumulation records” of the owners. Surcharges are to be in money, and in establishing premium charges in accordance with § 113B the commissioner is to “give consideration to the additional premiums developed by the application of such premium surcharges or penalties in each zone.” § 15.
We are not entirely clear as to the construction to be
There may also be doubt about the meaning of the expression “or shall be declared unconstitutional by judicial determination.” Does this refer to a judicial determination that the entire act is unconstitutional or to a judicial determination that any part of it is unconstitutional?
It seems proper further to advert to the fact that in fixing the premium charges for 1956 the commissioner of insurance has presumably not only added the surcharges to premiums of persons chargeable with points but has also given consideration under the now repealed § 15 to the additional premiums so “developed” in fixing the premium charges of persons not chargeable with points. The proposed act seeks to provide refunds to persons who have been surcharged, but makes no provision for readjustment of the premiums of those whose premiums have been reduced because of the surcharges upon others.
We do not attempt to resolve the difficulties in interpretation which would result from the passage now of the pro
In resting this opinion on the ground herein taken we do not overlook the possibility that the proposed act might be unconstitutional on the further ground that it would be a law impairing the obligation of contracts in violation of art. 1, § 10, of the Constitution of the United States. In the early case of Fletcher v. Peck, 6 Cranch, 87, 136-139, the Supreme Court of the United States held that this clause applied to an executed contract as well as to an ex-ecutory one. Coolidge v. Long, 282 U. S. 582, 595. Wood v. Lovett, 313 U. S. 362, 368-369. See Home Building & Loan Association v. Blaisdell, 290 U. S. 398, 427-430, including note, page 429; Adams v. Plunkett, 274 Mass. 453; Opinion of the Justices, 300 Mass. 607, 612-613.
We answer the question “No.”
Stanley E. Qua.
James J. Ronan.
Raymond S. Wilkins.
John V. Spalding.
Harold P. Williams.
Edward A. Counihan, Jr.
Arthur E. Whittemore.