SENATE DOCKET, NO. 813        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 963

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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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 collection of outstanding delinquent legal fees.

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PETITION OF:

SENATE DOCKET, NO. 813        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 963

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 928 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to collection of outstanding delinquent legal fees.

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. Section 9 of Chapter 211D of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, after subsection (i), the following subsection:-

(j) The clerk of the court shall submit a quarterly report to MassHealth, the department of transitional assistance and the registry of motor vehicles detailing the amount of any unresolved counsel fees owed by persons for whom counsel was appointed under this chapter. Said fees shall be considered by MassHealth and the department of transitional assistance as financial benefits to be repaid pursuant to section 22 of chapter 118E and section 5G of chapter 18. The department of revenue shall not issue a state tax refund to any persons until it receives notification from the clerk of the court that the fee has been resolved. In lieu of the payment, the taxpayer shall receive notice informing the taxpayer that the refund is being withheld because they owe outstanding counsel fees and the refund will be withheld until the individual furnishes sufficient proof that the fee has been paid or no such fee exists. Such refund shall be issued upon presentation of sufficient proof to the department of revenue that said fee has been resolved. The department of revenue shall promulgate regulations to implement this section, which shall include the opportunity for a hearing to challenge the existence of the outstanding fee. If a hearing is requested, the clerk of the court shall be notified of the time, place, date of hearing and the subject of the hearing. An affidavit from the clerk of the court may be introduced as prima facie evidence of the existence of the outstanding counsel fee without the need for the clerk of the court to attend any hearings held under this section.