Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide for enhanced enforcement of child support obligations, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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 6 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after section 172C the following section:-
Section 172D. Notwithstanding any provision of section 172 or of any other provision of law, the following information shall be available to the IV-D agency as set forth in chapter 119A, upon request, for purposes connected with establishing paternity, or establishing, modifying or enforcing child support obligations pursuant to chapter 119A and Title IV, Part D of the Social Security Act: criminal offender record information, including, but not limited to, arrest, conviction, incarceration and rehabilitation information, and evaluative information pursuant to section 14 of chapter 119A; criminal offender record information obtained through any interstate system used by the commonwealth to locate an individual for purposes relating to motor vehicles or law enforcement as required by Title IV, Part D of the Social Security Act; youthful offender and adjudication of juvenile delinquency data; information contained in the warrant management system established pursuant to section 23A of chapter 276; and to further the protection of children and victims of domestic violence, data in the statewide domestic violence record keeping system maintained by the commissioner of probation. The IV-D agency shall not make, and shall prohibit, any dissemination of such information for any purpose other than as set forth herein.
SECTION 2. Section 15D of chapter 22 of the General Laws, as so appearing, is hereby amended by inserting after the word "commissioner", in line 22, the following words:- , including information which appears in child support enforcement files maintained by the IV-D agency as set forth in chapter 119A concerning dates and amounts of income received, employer, last known address and other information relevant to the investigation of fraud.
SECTION 3. Said section 15D of said chapter 22, as so appearing, is hereby further amended by striking out, in line 24, the words "public welfare" and inserting in place thereof the following words:- transitional assistance.
SECTION 4. Chapter 30A of the General Laws is hereby amended by inserting after section 13 the following section:-
Section 13A. Agencies and political subdivisions of the commonwealth, that issue a license under section 13 shall require an applicant for issuance or renewal of such license to provide a social security number as a condition of issuing or renewing such license and shall record such social security number in the applicant's record; provided, however, that the applicant may, on the face of the license, use a number other than his social security number as permitted under any other provision of law of the commonwealth; provided further, that the agency issuing the license shall provide information in its records, including the social security number of applicants, to the IV-D agency as set forth in chapter 119A, using the method and format required by said IV-D agency.
SECTION 5. Section 1 of chapter 32 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after the definition of "Hospital district", the following definition:-
"IV-D agency", the state agency that has the responsibility for administering or supervising the administration of the provision of child support enforcement services pursuant to Title IV, Part D of the Social Security Act and chapter 119A of the General Laws.
SECTION 6. Section 10 of said chapter 32, as so appearing, is hereby amended by inserting after the word "in", in line 149, the following words:- section 11 or.
SECTION 7. Section 11 of said chapter 32, as so appearing, is hereby amended by inserting after the word "three", in line 6, the following words:- , to the provisions of this section,.
SECTION 8. Subdivision (1) of said section 11 of said chapter 32, as so appearing, is hereby amended by inserting after paragraph (b) the following paragraph:-
(c)(i) If a member is eligible to receive a return of accumulated total deductions and requests such return from the board on the prescribed form, prior to the return of such accumulated total deductions, the board shall provide to the IV-D agency the member's name, date of birth, address, and social security number. Within 15 days of receipt of such information the IV-D agency shall notify the board if such member owes child support arrears, provided, however, that if, due to unforeseen circumstances, the IV-D agency is unable to provide such notice within 15 days, said IV-D agency shall notify the board of said unforeseen circumstances and the anticipated date by which the IV-D agency will provide such notice. In the event the member owes child support arrears, upon receipt of a levy from the IV-D agency on the accumulated total deductions, the board shall withhold the child support arrears from the accumulated total deductions and, unless the IV-D agency releases the levy or the board receives notice from either the IV-D agency or the member that an appeal of the levy is pending, the board shall, within 60 days, disburse to the IV-D agency the accumulated total deductions up to the amount of child support arrears. If the board receives such notice of an appeal, the board shall not disburse such accumulated total deductions until the board receives notice that the appeal has been resolved and in what manner the accumulated total deductions should be disposed.
Upon notice by the IV-D agency to the board that a lien has arisen under section 6 of chapter 119A against a member and if the member has terminated service, the board shall send to the member the prescribed form to request a return of accumulated total deductions. If the member fails to file the prescribed form with the board within 60 days, the board shall notify the IV-D agency of such failure and whether the board has received notice that the member has become a member of any other system. The IV-D agency may seek a court order for the submission of the prescribed form to request a return of accumulated total deductions. Upon request of the IV-D agency, the court shall order the member to sign and submit the prescribed form or shall appoint a special master to sign and submit such form in place of the member. Upon receipt of a levy from the IV-D agency on the accumulated total deductions, the board shall withhold any child support arrears owed by such member from the accumulated total deductions and, unless the IV-D agency releases the levy or the board receives notice from the IV-D agency or the member, that an appeal of the levy is pending, the board shall, within 60 days, disburse to the IV-D agency the accumulated total deductions up to the amount of child support arrears. If the board receives such notice of an appeal, the board shall not disburse such accumulated total deductions until the board receives notice that the appeal has been resolved and in what manner the accumulated total deductions should be disposed. Notwithstanding the provisions of any general or special law to the contrary, a disbursement of accumulated total deductions and a return of accumulated total deductions pursuant to the provisions of this subdivision shall have the same effect on the rights of the member as a return of accumulated total deductions pursuant to the provisions of this chapter.
SECTION 9. Said section 11 of said chapter 32, as so appearing, is hereby further amended by inserting after the word "thereto", in line 46, the following words:- ; provided, however, that prior to the payment of such accumulated total deductions to said beneficiary or beneficiaries, the board shall provide to the IV-D agency the name, date of birth, address, and social security number of each beneficiary; and provided further, that within 15 days of receipt of such information the IV-D agency shall notify the board if such beneficiary owes child support arrears. If due to unforeseen circumstances the IV-D agency is unable to provide such notice within 15 days, said agency shall notify the board of the unforeseen circumstances and the anticipated date by which the IV-D agency shall provide such notice. If such beneficiary owes arrears, upon receipt of a levy from the IV-D agency, the board shall withhold any arrears owed by any such beneficiary and disburse the accumulated total deductions due that beneficiary, up to the amount of the arrearage, to the IV-D agency within 60 days.
SECTION 10. Section 19 of said chapter 32, as so appearing, is hereby amended by striking out, in lines 38 and 39, the words "or a retirement allowance" and inserting in place thereof the following words:- , retirement allowance or return of accumulated total deductions.
SECTION 11. Said section 19 of said chapter 32, as so appearing, is hereby further amended by inserting after the word "seventy-three", in line 42, the following words:- , or received, entered or registered pursuant to chapter 209D,.
SECTION 12. Section 19A of said chapter 32, as so appearing, is hereby amended adding the following paragraph:-
Any member retired under this chapter may by assignment made in writing authorize the retirement board paying such pension or retirement allowance to withhold each month such amount as he may designate for the payment of a child support order, issued under chapter 208, 209, 209A, 209C or 273, or received, entered, or registered pursuant to chapter 209D, and the amount designated shall be transmitted and paid monthly by the treasurer or custodian of any system to the IV-D agency. Nothing in this section shall preclude the IV-D agency from executing an order to withhold income from a member's retirement allowance, pursuant to section 12 of chapter 119A.
SECTION 13. Said chapter 32 is hereby further amended by inserting after section 19B the following section:-
Section 19C. The annuity, retirement allowance, pension, return of accumulated total deductions or payment to any person pursuant to the provisions of this chapter or similar annuity, retirement allowance, pension, return of accumulated total deductions or payment to any person pursuant to the provisions of any general or special law shall be subject to any liens, attachments or income withholding orders issued in accordance with section 6 or 12 of chapter 119A to apply such payment to satisfy an obligation to provide child support.
Upon receipt of notice from the IV-D agency that any person receiving or entitled to receive an annuity, pension, retirement allowance, return of accumulated total deductions or payment pursuant to the provisions of this chapter or similar annuity, pension, retirement allowance, return of accumulated total deductions or payment pursuant to the provisions of any general or special law is subject to a lien under section 6 of chapter 119A, subject to an income withholding order pursuant to section 12 of chapter 119A, or subject to any direct income withholding notice received, entered or registered pursuant to chapter 209D, the board shall comply with said lien, notice or order and shall continue to comply until the board receives notice from the IV-D agency that the lien, notice or order has terminated and all arrears have been paid.
Prior to making a payment to an eligible spouse or beneficiary the board shall provide to the IV-D agency the name, date of birth, address, and social security number of the eligible spouse or beneficiary; provided, however, that within 15 days of receipt of such information the IV-D agency shall notify the board if such eligible spouse or beneficiary owes child support arrears. If due to unforeseen circumstances the IV-D agency is unable to provide such notice within 15 days, said IV-D agency shall notify the board of such unforeseen circumstances and the anticipated date by which the IV-D agency will provide such notice. Upon receipt of a notice from the IV-D agency that an eligible spouse or beneficiary is subject to a lien under section 6 of chapter 119A, subject to a withholding order pursuant to section 12 of chapter 119A, or subject to a direct income withholding notice received, entered or registered pursuant to chapter 209D, the board shall comply with said lien, order or notice and shall continue to comply until the board receives notice from the IV-D agency that the lien, order or notice has terminated and all arrears have been paid.
The retirement system and the members of the board of a retirement system which make a payment to the IV-D agency pursuant to the provisions of this chapter or chapter 119A shall be discharged from any obligation or liability to the member, eligible spouse, beneficiary or any other person arising from said payment notwithstanding the provisions of this chapter or any general or special law.
Information used to ascertain whether a member, a surviving spouse or any beneficiary is subject to a child support lien may only be used for the purpose of assisting the IV-D agency in collecting child support.
Notwithstanding the provisions of any general or special law to the contrary, proceedings pursuant to section 24 and the penalties established thereunder shall be the exclusive remedy relating to compliance on the part of the retirement board with the duties resulting from this section and restrictions on use of information described herein.
SECTION 14. Subdivision (5) of section 20 of said chapter 32, as so appearing, is hereby amended by adding the following paragraph:-
(1) Each board shall file the reports required by section 14 of chapter 119A which shall include the filing of a report on or before March 1 with the IV-D agency providing the name, address, date of birth, status and social security number of all members of the system as of December 31 of the previous year. The IV-D agency shall use such information solely for the purposes outlined in chapter 119A and the use of such information shall be subject to the limitations set forth in said chapter 119A.
SECTION 15. Chapter 46 of the General Laws is hereby amended by striking out section 1, as so appearing, and inserting in place thereof the following section:-
Section 1. Each town clerk shall receive or obtain and record the following facts, as well as such additional information that may be required under federal statutes or contracts, regulations promulgated pursuant to section 4 of chapter 17, or, as the commissioner of public health may require, relative to births, marriage, acknowledgments and adjudications of paternity and deaths which occurred in the town and for certificates of marriage issued by the town.
In the record of births, date of birth, place of birth, name and sex of child; names, places of birth, and dates of birth of both parents; and residence and birth surname of the child's mother. In the record of birth of a child born to parents not married to each other, the name of and other facts relating to the father shall not be recorded except as provided in section 2 of chapter 209C where paternity has been acknowledged or adjudicated under the laws of the commonwealth or under the law of any other jurisdiction.
In the record of marriages, date of record, date and place of marriage, name, residence and official station of the person by whom solemnized; for each of the parties to be married the name, date and place of birth, residence, age, number of the marriage, as first or second, and if previously married, whether widowed or divorced, and the birth-given names of their parents.
In the record of death, date of death, names of deceased, including birth surname for women, social security number, sex, race, marital status, education, name of spouse if ever married, supposed age, residence, occupation, place of death, place of birth, names and places of birth of the parents, birth surname of the mother, disease or cause of death, defined so that it can be classified under the international classification of causes of death, place and type of immediate disposition. The word "residence", as used in this section, shall include the name of the street and number, if any, of the house.
SECTION 16. Section 1E of said chapter 46, as so appearing, is hereby amended by striking out paragraph (c) and inserting in place thereof the following paragraph:-
(c) "Custodian", a town clerk, the archivist of the commonwealth, the superintendent of the Quabbin reservoir and the state registrar.
SECTION 17. Said section 1E of said chapter 46, as so appearing, is hereby further amended by striking out, in line 14, the word "Registrar" and inserting in place thereof the following words:- "State registrar".
SECTION 18. The first paragraph of section 3A of said chapter 46, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following four sentences:- If the hospital in which such birth occurred delivers more than 99 births per year, such report shall be prepared on an electronic system of birth registration approved by the commissioner of public health and transmitted to the state registrar. Said administrator or person in charge shall then forthwith make, or cause to be made, a copy of such report on forms prepared and furnished by the commissioner of public health and shall, within ten days after obtaining such report, file such copies with the town clerk of the city or town wherein the birth occurred. Such copies shall be signed or otherwise verified by the mother in a manner developed pursuant to regulations promulgated pursuant to section 4 of chapter 17, or, if she is not able, then by the father or other responsible adult, attesting to the truth and accuracy of the facts appearing in the report. Such copies shall also be signed or otherwise verified, in a manner specified under regulations promulgated pursuant to section 4 of chapter 17, by the physician, certified nurse midwife or hospital medical officer in charge of such birth or by an administrator designated by the hospital as overseeing birth registration.
SECTION 19. Said section 3A of said chapter 46, as so appearing, is hereby further amended by striking out the second paragraph.
SECTION 20. Section 3C of said chapter 46, as so appearing, is hereby amended by adding the following two sentences:- If the mother of the child was or is married and the child's birth occurs during the marriage or within 300 days of termination of the marriage by divorce, a voluntary acknowledgment of parentage naming the putative father may be executed by the mother and the putative father only if the mother and the mother's husband at the time of the child's birth or conception sign an affidavit denying that the husband is the father of the child, as provided in section 5 of chapter 209C. Where the marriage has been terminated by annulment or by the death of either the husband or the wife, paternity of the putative father may only be established by filing a complaint to establish paternity as provided by chapter 209C.
SECTION 21. Said chapter 46 is hereby further amended by inserting after section 3C, as so appearing, the following section:-
Section 3D. The state registrar shall accept for filing acknowledgments of paternity obtained by the hospital administrator and the city and town clerk pursuant to this chapter and adjudications of paternity entered by the court pursuant to chapter 209C and shall upon request make such records available to the IV-D agency as set forth in chapter 119A. The state registrar shall upon such request make available, including by electronic access, to the IV-D agency for purposes of child support enforcement, records of adjudications and acknowledgments and records of subjects for whom no father's name has been inserted on the subject's birth certificate within six months of birth, including the names, addresses, and social security number of the subject of the record, the subject's mother, and the subject's father, where available.
SECTION 22. Said chapter 46 is hereby further amended by striking out section 13, as so appearing, and inserting in place thereof the following section:-
Section 13. (a) If the record relating to a birth, marriage, acknowledgment or adjudication of paternity, or death does not contain all the required facts, or if it is claimed that the facts are not correctly stated therein, the town clerk or state registrar shall receive from the person required by law to furnish the information for the original record, or by credible persons having knowledge of the case, an affidavit containing the missing or corrected facts required to correct or complete the record, accompanied by documentary evidence substantiating such facts beyond a reasonable doubt. Except as hereinafter provided, such amendments or additions can be made only to reflect the correct information at the time of the event. The minimum documentary evidence to be required shall be specified by regulations promulgated pursuant to section 4 of chapter 17.
(b) Any record filed under this chapter may be amended, corrected or supplemented within one year after the date of the event without such affidavit or documentary evidence if allowed by regulations promulgated pursuant to the provisions of section 4 of chapter 17, except such amendments, corrections, or supplements which are expressly provided for hereinafter.
(c) If a person shall have acquired the status of a child born in wedlock by the intermarriage of his parents and the acknowledgment of his father or an adjudication of paternity by a court or administrative agency of competent jurisdiction under the laws of the commonwealth or any other law, the record of his birth shall be amended so as to read, in all respects, as if such person had been reported at the time of birth as born to such parents in lawful wedlock.
(d) If a person is born to parents not married to each other or if the mother and her husband at the time of the birth or conception of the child complete an affidavit denying that the husband is the father of the child, or if there is an adjudication of the nonpaternity of the mother's husband, such person's birth record shall be amended to include the putative father's information required by section 1 provided that:
(1) the mother and the putative father have signed and filed an acknowledgment of paternity with the clerk in the city or town where the birth occurred, the state registrar, or the probate and family court having jurisdiction over the parties or the child pursuant to chapter 209C;
(2) there has been a judgment of paternity by a court or administrative agency of competent jurisdiction under the laws of the commonwealth and the court presents to the state registrar a certified copy of such judgment on a form provided by the state registrar to amend the birth certificate;
(3) there has been an acknowledgment of paternity, or a judgment of paternity by a court or administrative agency of competent jurisdiction under the laws of the commonwealth or of another state or a foreign country, and one of the following persons requests an amendment and presents to the state registrar a copy of such judgment: the mother, the father named in such acknowledgment or judgment of paternity, the father named currently on the birth record, the subject of the record, the legal guardian of the subject, or the legal representative of any of the foregoing;
(4) there has been a judgment of paternity by a court or administrative agency of competent jurisdiction in the commonwealth and the court orders the state registrar to amend the birth certificate to include the information relating to the father. Such order may include an order to amend information relating to the name of the child; or
(5) there has been a judgment of paternity by a court or administrative agency of competent jurisdiction in the commonwealth approving or adopting a judgment establishing paternity issued by a court or administrative agency of competent jurisdiction under the law of another state or a foreign country, and the court presents to the state registrar a certified copy of such judgment on a form provided by the state registrar to amend the birth certificate. The clerk of the city or town where the child was born or the state registrar shall amend the birth certificate consistent with the findings of the court and the certificate shall be required to read, in all respects, as if such information had been reported at the time of such birth. The fact that paternity was established after the child's birth shall not be ascertainable from the new certificate but the actual place and date of birth shall be shown. The original certificate and the evidence upon which the amended birth certificate was made and the original birth certificate shall be subject to inspection by the mother, the father, the subject of the record, any man presumed to be the father under section 6 of chapter 209C, or government officials requiring access for their official duties, including the IV-D agency as set forth in chapter 119A, or a legal representative of the subject of the record; an order of the probate and family court in the county where the child was born is required for anyone else seeking access to the original record or evidence.
(e) If a person has completed sex reassignment surgery, so-called, and has had his name legally changed by a court of competent jurisdiction, the birth record of said person shall be amended to reflect the newly acquired sex and name, provided that an affidavit is received by the town clerk, executed by the person to whom the record relates, and accompanied by a physician's notarized statement that the person named on the birth record has completed sex reassignment surgery, so-called, and is not of the sex recorded on said record. Said affidavit shall also be accompanied by a certified copy of the legal change of name aforementioned above.
(f) If the birth of a child is recorded as that of a child born in wedlock to the mother and the man who was her husband at the time of such birth, and the nonpaternity of the husband has been legally determined by a court of competent jurisdiction pursuant to the laws of the commonwealth or by a court or administrative agency of competent jurisdiction under the laws of another state or foreign country, or if the birth of a child is recorded as that of a child whose parentage has been acknowledged by the mother and the putative father and either parent rescinds the acknowledgment as provided in section 11 of chapter 209C or under similar law of another state or foreign country, the birth record shall be amended to remove the father's information provided that:
(1) there has been a judgment of nonpaternity by a court under the laws of the commonwealth and the court presents to the state registrar a certified copy of such judgment, together with a form provided by the state registrar to amend the birth certificate; or
(2) there has been a judgment of nonpaternity by a court or administrative agency of competent jurisdiction under the laws of another state or foreign country and one of the following persons requests an amendment and presents to the state registrar a certified copy of such judgment: the mother, the father named in such judgment of nonpaternity, the subject of the record, the legal guardian of the subject of the record, or the legal representative of any of the foregoing.
(g) If a person shall have been adopted by judicial decree, the clerk of the town where such person was born or the state registrar shall receive the certificate of such adoption issued under the authority of section 6A of chapter 210 or a certified copy of the decree for such adoption, whether issued by a probate court for the commonwealth or by the appropriate court of any other state or country. Except as hereinafter provided, said clerk or state registrar, after receiving such certificate of adoption or any such certified copy, shall forthwith correct the record of birth of the person so adopted. If such certificate or certified copy does not contain the facts relative to the adopting parents hereinafter required for correcting such record, the clerk or state registrar shall not correct such record until he has received an affidavit, signed and sworn to by the adopting parents, or by the person adopted, furnishing such facts.
(h) The clerk or state registrar shall on forms provided by the state registrar complete an amended, corrected, or supplemented record of birth, death, acknowledgment or adjudication of paternity, or marriage. The original record of birth, death, acknowledgment or adjudication of paternity, or marriage and all returns and index entries in whatever format they are maintained shall be identified as corrected, amended, or supplemented. Effective January 1, 2000, all documentary evidence, including certificates of adoption or certified copies thereof, shall be sent to the state registrar for permanent filing. Until that date, the clerk shall transmit to the state registrar a certified copy of the corrected, amended or supplemented record, noting the documentary evidence to substantiate the affidavit. If the affidavit is initially submitted to the state registrar, the state registrar shall forward to the town clerk where the birth or death occurred, a certified copy of the corrected, amended or supplemented record, noting the documentary evidence to substantiate the affidavit, and the town clerk shall thereupon correct, amend or supplement the record in his office. If a copy of the record had been sent to the town clerk of the residence of the parents at the time of birth or where the deceased lived at the time of death, the state registrar shall forward to such city or town clerk a certified copy of the corrected, amended or supplemented record, noting the documentary evidence to substantiate the affidavit, and the town clerk shall thereupon correct, amend or supplement the record in his office. Reference to the record of the affidavit or such decree shall be made on the margin of the original record. If the clerk or state registrar furnishes a copy of such a record, he shall certify to the facts contained therein as corrected, amended or supplemented. Except as provided in the following two sentences, said clerk or other official responsible for the keeping of such records shall not release said information contained in such original record except upon proper judicial order, or when requested by a person seeking his own birth or marriage record, or by a person whose official duties, in the opinion of the state registrar or town clerk, entitle him to the information contained in the original record. Death records which are corrected, amended or supplemented after January 1, 1996, as well as the affidavit of the party seeking the correction, amendment, or supplementation of the death record and all documentary evidence or related records submitted in support of such affidavit shall not be restricted, except for records or other items of documentary evidence submitted in support of the affidavit which are considered medical records for purposes of paragraph (c) of clause twenty-sixth of section 7 of chapter 4 are restricted by section 2A of this chapter, or are restricted by judicial order. If the original record has been amended following adoption in accordance with this section, the clerk or state registrar shall issue information contained in the original record only upon receipt of an order of the probate court for the county in which said adoption was granted, or in the case of an adoption granted outside the commonwealth, upon order of the probate court for the county in which said birth occurred, instructing said clerk or state registrar to release the information contained in such original record. If the corrected, amended or supplemented record is that of a person who has acquired the status of a child born in wedlock, or whose record has been amended through an adoption decree, or whose record has been amended through addition of the name of the father, the clerk or state registrar shall not indicate on such copy that the record has been corrected, amended or supplemented.
(i) Such affidavit, or a certified copy of the record of any other town or of a written statement made at the time by any person since deceased required by law to furnish evidence thereof, may be made the basis for completing the record of a birth, marriage or death not containing all the facts required by section 1 of this chapter. No delayed record of birth shall be established for any deceased person more than five years after the date of death nor shall any delayed record of marriage be established if both the wife and husband are deceased, except as provided by sections 13A, 13B and 13C.
(j) Upon the adoption of any abandoned child or foundling within the commonwealth and adopted according to the laws thereof and as to whose birth the facts required by section 1 or section 1A to be recorded have not been recorded, or, if recorded, cannot be identified, the state registrar upon receipt of an affidavit executed by the adopting parents, setting forth all the material facts known to him or them concerning said child or foundling, and of an order issued by the commissioner of social services determining the date of birth of such child or foundling as nearly as may be, shall receive and record the facts relative to such births as provided in section 1 or section 1A. In addition to any other certificates or copies of such records authorized by law, said commissioner may, upon application, issue certificates setting forth the facts concerning said abandoned child or foundling appearing in any records of the department of social services if no certificate of birth is recorded in the city or town where the child was born or the state registry.
(k) The person upon whose application a record of a birth, marriage or death is corrected or amended, or a delayed record of a birth, marriage or death is entered shall pay the fee as determined by the secretary of administration and finance.
SECTION 23. Said chapter 46 is hereby further amended by striking out section 17, as so appearing, and inserting in place thereof the following section:-
Section 17. Effective January 1, 2000, the clerk of each town and of each city shall, on or before the tenth day of the second month following every month in which births occurred in the city or town, transmit to the state registrar, upon forms furnished by him, the original records of such births and any documentary evidence including voluntary acknowledgments signed by the parents and adjudications of paternity entered by the court. The clerk of each city and town shall retain a certified copy of said birth records. If no births occurred in the city or town during the month for which a report is required, a report of such fact shall be sent on forms provided by the state registrar. Prior to January 1, 2000, the city or town clerk in which the birth occurred shall forward to the state registrar a certified copy of each record of birth and original copies of all acknowledgments and adjudications of paternity filed with such birth records. The city or town clerk shall make an attested, certified copy of these documents for the files of the office of the city or town clerk.
SECTION 24. Said chapter 46 is hereby further amended by inserting after section 17 the following four sections:-
Section 17A. Effective January 1, 2000, the clerk of each city and town shall, on or before the tenth day of the second month following every month in which marriages are solemnized, transmit to the state registrar upon forms furnished by him, the original record of such marriages and all documentary evidence. Certified copies of the marriages shall be retained by said clerk. If no marriages were filed for the month of the report, a report of such fact shall be transmitted to the state registrar. Prior to January 1, 2000, the clerk shall maintain all original documents and transmit to the state registrar a certified copy of each record of marriage. The clerk of each city and town shall annually, not later than April 15, report to the state registrar on forms furnished by him the number of intentions filed in the clerk's office, and the number of intentions on which licenses were not issued, or, if issued, not returned to the clerk.
Section 17B. Effective January 1, 2000, the clerk of each city and town shall, on or before the tenth day of the month, transmit to the state registrar upon forms furnished by him, the original records of death and any documentation relating to said certificates of death recorded therein during the preceding month or, in case no such deaths have occurred, a certificate of such fact. The clerk in the city or town shall retain a certified copy of the record of said death. Prior to January 1, 2000, the clerk shall maintain all original documents and supporting documentation and transmit to the state registrar a certified copy of each record of death.
Section 17C. The original form and documentary evidence of such amendments and corrections in birth, marriage and death records as have not been previously returned shall be transmitted to the state registrar by the tenth day of the following month. A certified copy of any such forms completed by the clerk shall be retained by said clerk.
Section 17D. If an amendment to a birth, death or marriage record is completed at the state registry, the state registrar shall forward a certified copy of the amended birth, death or marriage record to all cities and towns holding an original or certified copy of the initial record within ten days of recording such event. If a delayed record of birth or death or other return of birth or death is recorded by the state registry, the state registrar shall transmit a certified copy of a delayed record of marriage to the town clerk where the original intention of marriage was filed. In cases where no such intention has been filed, the state registrar shall transmit such certified copy to the town clerk in the community where the marriage occurred.
SECTION 25. Section 21 of chapter 62C of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words "other than the name and address of the person filing it,".
SECTION 26. Subsection (b) of said section 21 of said chapter 62C, as so appearing, is hereby amended by striking out paragraph (5) and inserting in place thereof the following paragraph:-
(5) upon written request, the inspection by, or provision of copies to, the director of the bureau of special investigations of tax returns or other documents filed with the commissioner of revenue, including information which appears in child support enforcement files maintained by the IV-D agency as set forth in chapter 119A concerning dates and amounts of income received, employer, last known address and other information relevant to the investigation of fraud, concerning any person where there is reason to believe that such person has committed fraud under any assistance program administered by the department of transitional assistance or any program administered by the department of social services;.
SECTION 27. Said subsection (b) of said section 21 of said chapter 62C, as so appearing, is hereby further amended by adding the following two paragraphs:-
(17) the disclosure of return information in any judicial or administrative action, proceeding or activity relating to the conduct, job performance or personnel rights of any employee or former employee of the department of revenue, solely for use in, and only to the extent necessary for, the action, proceeding or activity, or in preparation for the action, proceeding or activity. Return information shall, upon written request, also be available to an employee or former employee of said department, or his duly authorized representative, who is or may be a party or a participant in such action, proceeding or activity to the extent that the requested information is or may be relevant thereto, solely for use in, and only to the extent necessary for, the action, proceeding or activity, or in preparation for the action, proceeding or activity. Except as otherwise provided in this subsection, return information disclosed pursuant to this paragraph shall be kept confidential.
(18) the disclosure of the name and address of a person filing any return or document with the commissioner, provided that such information shall not be disclosed if the IV-D agency has been provided with reasonable evidence of a risk of harm pursuant to section 5A of chapter 119A.
SECTION 28. Section 47A of said chapter 62C, as so appearing, is hereby amended by inserting after the word "tax", in line 31, the second time it appears, the following words:- or has been penalized pursuant to section 9 of chapter 62E for failure to comply with the provisions under said chapter 62E relating to reporting of employees and contractors, or has been penalized pursuant to paragraph (3) of subsection (f) of section 12 of chapter 119A for failure to comply with the provisions under said chapter 119A relating to withholding and remitting child support,.
SECTION 29. Said section 47A of said chapter 62C, as so appearing, is hereby further amended by inserting after the word "tax", in line 41, the following words:- or the licensee has been penalized pursuant to section 9 of chapter 62E for failure to comply with the provisions under said chapter 62E relating to reporting of employees and contractors, or pursuant to paragraph (3) of subsection (f) of section 12 of chapter 119A for failure to comply with the provisions under said chapter 119A relating to withholding and remitting child support.
SECTION 30. Said section 47A of said chapter 62C, as so appearing, is hereby further amended by inserting after the word "notification", in line 55, the following words:- or, if the licensee has been penalized for failure to comply with the provisions relating to reporting of employees and contractors under chapter 62E or withholding and remitting child support under chapter 119A, a certificate issued by the commissioner that the licensee is in compliance with said provisions.
SECTION 31. Section 49A of said chapter 62C, as so appearing, is hereby amended by inserting after the word "taxes", in lines 3, 7, and 13, in each instance, the following words:- , reporting of employees and contractors, and withholding and remitting child support.
SECTION 32. Said section 49A of said chapter 62C, as so appearing, is hereby further amended by inserting, after the word "tax", in line 21, the second time it appears, the following words:- or has been penalized pursuant to section 9 of chapter 62E for failure to comply with the provisions under said chapter 62E relating to reporting of employees and contractors, or has been penalized pursuant to paragraph (3) of subsection (f) of section 12 of chapter 119A for failure to comply with the provisions under said chapter 119A relating to withholding and remitting child support,.
SECTION 33. Said section 49A of said chapter 62C, as so appearing, is hereby further amended by inserting after the word "notification", in line 27, the following words:- or, if the licensee has been penalized for failure to comply with the provisions relating to reporting of employees and contractors under chapter 62E or withholding and remitting child support under chapter 119A, a certificate issued by the commissioner that the licensee is in compliance with said provisions.
SECTION 34. Chapter 62E of the General Laws is hereby amended by striking out section 1, as so appearing, and inserting in place thereof the following section:-
Section 1. The following words as used in this chapter shall, unless the context otherwise requires, have the following meanings:-
"Bureau of special investigations", the bureau of special investigations established pursuant to section 15B of chapter 22.
"Business day", a day on which state offices are open for regular business.
"Commissioner", the commissioner of revenue.
"Contractor", any person who is 18 years of age or older who performs services in the commonwealth, to whom a payor of income makes payments that are not subject to withholding of taxes, and for whom the payor of income makes at least one payment that will require the payor to complete a 1099-MISC form under Internal Revenue Service requirements.
"Employer", employer as defined in section 3401(d) of the Internal Revenue Code.
"Employee", employee as defined in section 3401(c) of the Internal Revenue Code.
"Internal Revenue Code" or "Code", the Internal Revenue Code of the United States, as amended and in effect at the time wages are required to be reported under this chapter.
"IV-D agency", the state agency that has the responsibility for administering or supervising the administration of the provision of child support enforcement services pursuant to Title IV, Part D of the Social Security Act and chapter 119A of the General Laws.
"Labor organization", any organization, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, or any other organization described in section 2, paragraph 5 of the National Labor Relations Act 29 USC 152(5), including any entity, also known as a hiring hall, which is used by a labor organization and an employer to carry out requirements of an agreement that requires the employer to notify the labor organization of opportunities for employment with such employer, or gives such labor organization an opportunity to refer qualified applicants for such employment, or that is otherwise included under section 8, paragraph (f)(3) of said National Labor Relations Act.
"Obligor", an individual, or the estate of a decedent, who owes or may owe a duty of support, or who is liable under a child support obligation, or who is alleged, by sworn statement, to be the parent of a child to whom a duty of support is owed.
"Payor of income", a person engaged in a trade or business in the commonwealth who engages a contractor for compensation.
"Reporting system", the wage reporting and financial institution match system established in section 3.
SECTION 35. Section 2 of said chapter 62E, as so appearing, is hereby amended by inserting after the word "employers", in line 13, the following words:- , including all governmental entities, and every labor organization,.
SECTION 36. Said section 2 of said chapter 62E, as so appearing, is hereby further amended by inserting after the word "employee.", in line 14, the following four sentences:- Every payor of income who enters into an agreement with a contractor for the performance of services shall so notify the department of revenue upon entering into such an agreement. Upon the retirement of an employee who thereafter receives a regular retirement allowance, such employers, including all governmental entities, and every labor organization, shall, in addition, notify the department of revenue of the retirement of such employee and of the entity paying such retirement allowance and the address of such entity. Upon the filing of a workers' compensation claim pursuant to chapter 152 by any employee, such employers, including all governmental entities, and every labor organization, shall, in addition, notify the department of revenue of the claim of such employee, the entity which provides workers' compensation insurance coverage, and the address of such entity. Notwithstanding the provisions of this section, no such notice shall be given of an employee of a federal or state agency performing intelligence or counterintelligence functions if the head of such agency has determined that notice to the department under this paragraph could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission; provided that any agency head who has made such a determination shall notify the commissioner that pursuant to such determination some employees have not been reported.
SECTION 37. Said section 2 of said chapter 62E, as so appearing, is hereby further amended by inserting after the word "reporting", in line 18, the following words:- and financial institution match.
SECTION 38. Said section 2 of said chapter 62E, as so appearing, is hereby further amended by inserting after the word "employer", in lines 19 to 20, the following words:- , including a governmental entity or a labor organization, or a payor of income.
SECTION 39. Section 3 of said chapter 62E, as so appearing, is hereby amended by striking out, in line 2, the word "bank" and inserting in place thereof the following words:- financial institution.
SECTION 40. Section 4 of said chapter 62E, as so appearing, is hereby amended by striking out, in lines 18 and 19, the words "whose accounts on the books of such institution have a residential address within the commonwealth," and inserting in place thereof the following words:- maintaining accounts on the books of such institution.
SECTION 41. Said section 4 of said chapter 62E, as so appearing, is hereby further amended by striking out, in line 43, the word "mean" and inserting in place thereof the following word:- include.
SECTION 42. Said section 4 of said chapter 62E, as so appearing, is hereby further amended by striking out, in lines 45 and 46, the words "or a money market mutual fund account" and inserting in place thereof the following words:- money market mutual fund account or a life insurance policy with a cash surrender value.
SECTION 43. Said section 4 of said chapter 62E, as so appearing, is hereby further amended by adding the following subsection:-
(f) All reports under this section shall be part of the wage reporting and financial institution match system established pursuant to section 3.
SECTION 44. Section 5 of said chapter 62E, as so appearing, is hereby amended by inserting after the word "employer", in line 9, the following words:- or payor of income.
SECTION 45. Said section 5 of said chapter 62E, as so appearing, is hereby further amended by inserting after the word "associations", in line 13, the second time it appears, the following words:- , pension or retirement plans.
SECTION 46. Said section 5 of said chapter 62E, as so appearing, is hereby further amended by striking out, in line 14, the words "or safe deposit" and inserting in place thereof the following words:- , safe deposit companies or other similar.
SECTION 47. Section 8 of said chapter 62E, as so appearing, is hereby amended by inserting after the word "system", in line 8, the following words:- ; and provided further, that subject to the safeguards established pursuant to section 5A of chapter 119A, the IV-D agency may disclose information to any agent of the IV-D agency that is under contract with the IV-D agency for purposes of administering the child support enforcement program of the commonwealth, only to the extent necessary for performance of such agent's contracted duties.
SECTION 48. Said chapter 62E is hereby further amended by striking out section 9, as so appearing, and inserting in place thereof the following section:-
Section 9. Any employer or payor of income required to submit a report pursuant to this chapter who fails, without reasonable cause, to comply with such reporting requirements shall be liable for a penalty assessed by the department in the following amount for each employee or contractor with respect to whom such employer or payor of income is required to file a report but who is also not included in such report or for whom the required information is not accurately reported, for each employee or contractor required to be included:- up to $25 for each employee or contractor or if the result of a conspiracy between the employer and the employee or contractor not to supply the required report or to supply a false or incomplete report, $500 for each such employee or contractor.
Any treasurer who is required to submit a report pursuant to the provisions of section 4 who fails, without reasonable cause, to comply with such reporting requirements or who willfully renders false information in reply to such request, shall be liable for a penalty assessed by the department of $1,000. Said department may collect a penalty assessed under this section by any means authorized for the collection of corporate or partnership taxes under chapter 62C.
SECTION 49. Section 10 of said chapter 62E, as so appearing, is hereby amended by striking out, in line 2, the word "bank" and inserting in place thereof the following words:- financial institution.
SECTION 50. Said section 10 of said chapter 62E, as so appearing, is hereby further amended by striking out, in line 8, the words "money-market".
SECTION 51. Section 11 of said chapter 62E, as so appearing, is hereby amended by striking out, in lines 2 and 8, the word "bank", each time it appears, and inserting in place thereof, in each instance, the following words:- financial institution.
SECTION 52. Said section 11 of said chapter 62E, as so appearing, is hereby further amended by inserting after the word "states", in line 3, the following words:- , as required by federal law.
SECTION 53. Said section 11 of said chapter 62E, as so appearing, is hereby further amended by striking out, in line 4, the words "absent parents" and inserting in place thereof the following word:- obligors.
SECTION 54. Section 12 of said chapter 62E, as so appearing, is hereby amended by striking out, in line 4, the word "bank" and inserting in place thereof the following words:- financial institution.
SECTION 55. The second paragraph of said section 12 of said chapter 62E, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The commissioner may provide access to data gathered as part of the wage reporting and financial institution match system for research and statistical purposes relating to administration of the tax laws, public assistance programs of the commonwealth or any political subdivision thereof or their respective agencies, workers' compensation laws or the child support enforcement program of the commonwealth; provided, however, that such data shall be released without personal identifiers.
SECTION 56. Section 13 of said chapter 62E, as so appearing, is hereby amended by striking out, in line 3, the word "bank" and inserting in place thereof the following words:- financial institution.
SECTION 57. Section 14 of said chapter 62E, as so appearing, is hereby amended by striking out, in line 7, the word "bank" and inserting in place thereof the following words:- financial institution.
SECTION 58. Section 22 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out paragraph (g) and inserting in place thereof the following paragraph:-
(g) Upon receipt of notice, as specified by the registrar, from the department of revenue that a final determination of child support delinquency to suspend or prohibit issuance or renewal of a license has been issued against a resident of the commonwealth or an individual licensed to operate a motor vehicle under this chapter, after a hearing or an opportunity therefor pursuant to section 16 of chapter 119A, the registrar, without opportunity for further hearing, shall suspend or prohibit issuance or renewal of such license, learner's permit, right to operate a motor vehicle or certificate of motor vehicle registration held by such individual and forward any notice required by paragraph (d) to such individual. Notwithstanding any other provisions of this chapter, the opportunity for a hearing provided by the department of revenue pursuant to section 16 of chapter 119A shall constitute the exclusive administrative remedy to contest the existence of a child support arrearage which is the basis for action by the department of revenue to effect the suspension, nonissuance or nonrenewal of a license, learner's permit, right to operate a motor vehicle or certificate of motor vehicle registration. The registrar shall reinstate, issue or renew such license, learner's permit or right to operate a motor vehicle or allow the registration of a motor vehicle if the department of revenue provides to the registrar a notice, as specified by the registrar, stating that the resident or other individual is in compliance with a subpoena, warrant, summons or judgment or order for child support, including any agreement with or regulation issued by the department of revenue governing payment of arrears or upon order by the reviewing court, if the individual is otherwise entitled thereto. Notices between the department of revenue and the registrar under this subsection may be made in any form, including electronic transmission. Upon exhaustion of administrative remedies provided in section 16 of chapter 119A, an individual aggrieved by a final determination of the department of revenue, as adopted or acted upon by the registrar, may seek judicial review of the final determination issued by the department of revenue in the court where the child support order was issued, which has jurisdiction to register the order, or which issued the subpoena, warrant or summons, within 45 days of the date of the registrar's notice to such individual that his license, learner's permit, right to operate a motor vehicle or certificate of motor vehicle registration is subject to suspension, nonissuance or nonrenewal; provided, however, that a request for judicial review shall be by action against the department of revenue and not the registrar and shall be accompanied by a copy of the department of revenue's final determination. Such review shall constitute the exclusive remedy for individuals aggrieved by a final determination as adopted or acted upon by the registrar under section 16 of chapter 119A; provided, however, that such review shall not limit an individual's appellate remedies. The provisions of section 28 shall not apply.
SECTION 59. Chapter 111 of the General Laws is hereby amended by striking out section 24B, as so appearing, and inserting in place thereof the following section:-
Section 24B. Upon the birth of any child, the physician, certified nurse midwife, administrator or other person in charge of a hospital, or any other person responsible for reporting a birth pursuant to chapter 46 shall forward to the commissioner any information, including the residence address and social security number of each parent, as required by the commissioner for administrative, research and statistical purposes, including the purposes of the IV-D agency as set forth in chapter 119A. Access to such information by the IV-D agency shall include electronic access. Such data that is included in the certificate of birth shall be transmitted within ten days of the birth of the child and shall not constitute a public record and shall not be available except for the foregoing purposes. Disclosure of information for research purposes which may identify any person named in any vital record or report restricted by section 2A of chapter 46 or by this section may only be made in accordance with regulations promulgated pursuant to section 4 of chapter 17, which regulations shall require the submission of written requests for information by researchers and the execution of research agreements that protect the confidentiality of the information provided. Such agreements shall prohibit the release by the researcher of any information that might identify any person. For the purposes of this chapter, research means a systematic investigation designed primarily to develop or contribute to general knowledge, including public health, medical, social, demographic and historical research. Nothing in this section shall prohibit the release of information or data that would not identify any person named in a vital record or report.
SECTION 60. Section 28 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the words "At the discretion of the court, whenever appropriate, any" and inserting in place thereof the following word:- Any.
SECTION 61. Said section 28 of said chapter 119, as so appearing, is hereby further amended by striking out, in line 14, the word "may" and inserting in place thereof the following word:- shall.
SECTION 62. Said section 28 of said chapter 119, as amended by section 52 of chapter 19 of the acts of 1997, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) Actions under this section to establish support of a child may be commenced by a parent, whether a minor or not; by the child; by the child's guardian, next of kin or other person standing in a parental relationship to the child; by the authorized agent of the department of social services or any agency licensed under chapter 28A provided that the child is in their custody or is or was a recipient of any type of public assistance by the IV-D agency as set forth in chapter 119A on behalf of the department of transitional assistance, the department of social services, the division of medical assistance, or any other public assistance program of the commonwealth. In the event that someone other than the IV-D agency commences the action, if the parent or child is or was a recipient of any type of public assistance, the court shall notify said IV-D agency of the pendency of the action and said IV-D agency shall be permitted to intervene in the action.
SECTION 63. Section 51B of said chapter 119, as appearing in the 1996 Official Edition, is hereby amended by inserting after the word "section", in line 173, the following words:- or permitted to disclose information pursuant to section 5A of chapter 119A.
SECTION 64. Section 1 of chapter 119A of the General Laws, as so appearing, is hereby amended by inserting after the word "obtaining", in line 14, the following word:- , modifying.
SECTION 65. Said section 1 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "enforcing", in line 14, the following word:- child.
SECTION 66. Said section 1 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "orders", in line 15, the following words:- , including orders for health care coverage, and establishing paternity.
SECTION 67. Said chapter 119A is hereby further amended by inserting after section 1 the following section:-
Section 1A. For purposes of administering the child support enforcement program pursuant to this chapter, the following terms shall have the following meanings:
"Business day", a day on which offices of the commonwealth are open for regular business.
"Employee", an individual who performs any service, of whatever nature, for wages or other compensation, including services (i) under an independent contractor arrangement, (ii) as an officer of a corporation, or (iii) as an officer, employee or elected official of the United States, a state, or any political subdivision thereof, or any city or town, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing; and any person included under chapter 24 of the Internal Revenue Code.
"Employer", the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person, except that-
(a) if the person for whom the individual performs or performed the services does not have control of the payment of the wages for such services, the term "employer" means the person having control of the payment of such wages, and
(b) in the case of a person paying wages on behalf of a nonresident alien individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term "employer" means such person.
"Employer" shall include the United States, a state, or any political subdivision thereof, or city or town, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing, and any person included under section 3401(d) of the Internal Revenue Code of 1986. "Employer" shall also include any entity also known as a hiring hall, which is used by a labor organization described in section 2(5) of the National Labor Relations Act 29 USC 152(5) and an employer to carry out requirements of agreements that require the employer to notify the labor organization of opportunities for employment with such employer, or that give such labor organization an opportunity to refer qualified applicants for such employment, and any entity through which a labor organization provides health care coverage or other benefits to its members.
"Income", any periodic form of payment due to an individual, regardless of source, including wages, salaries, commissions, bonuses, unemployment and workers' compensation, disability payments, payments pursuant to a pension or retirement plan, military pay, other payments made in lieu of periodic payments including severance pay and salary advance, and interest.
"IV-D services", child support enforcement services provided by the IV-D agency relating to the location of obligees and obligors, the establishment of paternity or the establishment, modification, or enforcement of child support obligations and health care coverage, the collection and disbursement of child support payments, and any other services and responsibilities required by Title IV, Part D of the Social Security Act, as appropriate, with respect to each child for whom public assistance is provided under Title IV, Parts A and E, and Title XIX, of the Social Security Act, or under other public assistance programs as required by federal or state law, or for whom such assistance was provided and the IV-D agency continues to provide child support enforcement services; and any other child, if an individual applies for such services with respect to the child.
"Obligee", an individual to whom support is or may be owed or in whose favor a support order has been issued or a judgment of paternity has been, or may be, rendered or a state or political subdivision to which rights under a child support obligation have been assigned or which has independent claims based on financial assistance provided to an individual obligee.
"Obligor", an individual, or the estate of a decedent, who owes or may owe a duty of support, or who is liable under a child support obligation, or who is alleged, by sworn statement, to be the parent of a child to whom a duty of support is owed.
"Pension or retirement plan", any program providing payments or benefits to former employees, including programs pursuant to the Employee Retirement Income Security Act, 29 USC 1001, et seq.; any other private pension or retirement program, including intrastate pension plans and church pension plans; any federal employee retirement system pursuant to 5 USC 8401, et seq., civil service retirement and disability system pursuant to 5 USC 8301, et seq., or United States military pension or retirement plan pursuant to Title 10, Subtitles A, B, C and D of the United States Code; any program pursuant to chapter 484 of the acts of 1950; and any other public contributory retirement system, pursuant to any other codified or uncodified statute, for the benefit of employees of any governmental unit or political subdivision of the commonwealth, any district or public unit created within one or more political subdivisions of the commonwealth for the purpose of providing public services or conveniences, any public school district, the general court, the judiciary, any military department of the commonwealth, any public commission or board, any public authority including the Massachusetts Bay Transportation Authority, the Massachusetts Turnpike Authority, the Massachusetts Port Authority and any municipal or regional housing authority, or any other public entity.
"Support order", a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, which provides for monetary support, health care coverage, arrearages, or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees, and other monetary relief. For purposes of enforcement only, "support order" includes an order for the support of a parent with whom the child is living.
SECTION 68. Said chapter 119A is hereby further amended by striking out section 2, as amended by chapter 19 of the acts of 1997, and inserting in place thereof the following section:-
Section 2. (a) In accordance with the provisions of Title IV, Part D of the Social Security Act, the IV-D agency shall provide IV-D services to children and families, whether or not they are recipients of public assistance, to establish, modify, and enforce child support obligations. Said services shall include, through the use of expedited administrative and judicial procedures, the location of obligees and obligors, the establishment of paternity, the establishment, modification, and enforcement of child support orders, including orders for health care coverage, the collection and disbursement of support payments, the enforcement of support orders through civil and criminal proceedings, including criminal contempt and criminal prosecution for failure to pay support, and any other services or responsibilities required by said Title IV, Part D and this chapter. Said IV-D agency shall accept applications for services from individuals seeking to establish, modify, or enforce orders of child support, including orders for health care coverage, with respect to a child who is not a recipient of public assistance, and may charge a fee for such services which shall be established pursuant to the provisions of section 3B of chapter 7, subject to the provisions of federal law.
The IV-D agency shall also enforce the subrogation rights of the department of transitional assistance under section 21 of chapter 18, the subrogation rights of the department of social services under section 23 of chapter 119, and the subrogation rights of the division of medical assistance under section 23 of chapter 118E, and shall provide IV-D services for each child for whom assistance is provided pursuant to Title IV, Parts A and E, and Title XIX of the Social Security Act, or other public assistance programs as required by federal or state law, and for whom such assistance has been provided. Pursuant to section 18A of chapter 18, the IV-D agency shall make the determination and redetermination at appropriate intervals as to whether an individual who has applied for or is receiving assistance under Part A or Title XIX of the Social Security Act is cooperating in good faith with the IV-D agency in establishing the paternity of, or in establishing, modifying, or enforcing a support order for, any child of the individual by providing the IV-D agency with the name of and such other information with respect to the noncustodial parent of the child, as required by regulation promulgated by the commissioner of revenue and subject to good cause and other exceptions determined by the department of transitional assistance and the division of medical assistance. IV-D services shall be made available to residents of other states and to residents of foreign reciprocating countries on the same basis as to residents of the commonwealth, provided there is jurisdiction over the parties, their income or assets; provided further that no application will be required from, and no costs for such services will be assessed against, the foreign reciprocating country or foreign obligee; provided, however, that costs may be assessed against the obligor. The IV-D agency shall enforce any support obligation established with respect to the custodial parent of a child receiving IV-D services from the IV-D agency; provided, however, the IV-D agency is not required to establish or modify a support obligation with respect to such custodial parent.
(b) The first priority of the IV-D agency with regard to the enforcement of the subrogation rights of the department of transitional assistance shall be the collection of sufficient support payments on behalf of recipients of public assistance to enable such recipients to live independently of public assistance; provided, however, that the department of transitional assistance is authorized to receive support payments made on behalf of a current recipient, or on behalf of a former recipient for arrearages owed to the department of transitional assistance, only to the extent required by the provisions of Title IV, Part D of the Social Security Act.
(c) In carrying out said responsibilities, the IV-D agency may expend such funds as may be necessary for public information, including paid advertisements and outreach programs to advise the public of the services available through such agency to establish, modify, or enforce orders of child support, and to publicize the availability and to encourage the use of procedures for voluntary acknowledgment of paternity and of other IV-D services. Any penalty, fee or interest that this chapter authorizes to be assessed by the IV-D agency shall be collected and enforced by any means authorized under this chapter for the enforcement and collection of child support. Upon collection, a penalty or fee shall be retained by the IV-D agency; provided, however, that such penalties or fees shall be placed in a separate fund established upon the books of the commonwealth by the comptroller; and provided further, that such penalties or fees may only be expended subject to appropriation. Upon collection, interest shall be distributed to the obligee.
SECTION 69. Section 3 of said chapter 119A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- (a) In enforcing the subrogation rights of the department of transitional assistance, the department of social services and the division of medical assistance, the IV-D agency may file an action either in the name of the recipient of public assistance or in the name of the department or both.
SECTION 70. Said section 3 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "of", in line 6, the following word:- IV-D.
SECTION 71. Said section 3 of said chapter 119A, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following two paragraphs:-
(b) The IV-D agency shall provide notice by first class mail to the address in the state case registry as set forth in rule 4(d)(2) of the Massachusetts Rules of Domestic Relations Procedure to individuals who have applied for or are receiving IV-D services, or who are parties to cases in which IV-D services are being provided, of all complaints and motions which the IV-D agency files or of proceedings of which the IV-D agency receives notice pursuant to court rule, in which support obligations might be established or modified, and the IV-D agency or the issuing court shall provide a copy of any order establishing or modifying a child support obligation, or, in the case of a request for modification made by either parent, a notice of determination that there should be no change in the amount of the child support award, within 14 days after issuance of such order or determination.
(c) The IV-D agency may use any method available to a private party to collect support, including the following:-.
SECTION 72. Said section 3 of said chapter 119A, as so appearing, is hereby further amended by striking out clauses (2) and (3) and inserting in place thereof the following two clauses:-
(2) the IV-D agency may seek to obtain a modification of any outstanding court order for support, including health care coverage, on any complaint or judgment of divorce, separate support, paternity or support or may modify the order pursuant to section 3B.
(3) the IV-D agency may institute contempt proceedings under section 34A of chapter 215 to compel compliance with a court order or may institute proceedings to seek entry of a qualified domestic relations order pursuant to the Employee Retirement Security Act, 29 USC 1056.
SECTION 73. Said section 3 of said chapter 119A, as so appearing, is hereby further amended by striking out clause (4) and inserting in place thereof the following clause:-
(4) the IV-D agency may intervene or appear in actions for divorce, separate support, paternity, support, appointment as guardian of a minor, care and protection or proceedings supplemental thereto, and in trust proceedings in which an obligor has a beneficial interest, for the purpose of advising the court as to the financial interest of the commonwealth in the action, when either or both of the parties or their child is receiving public assistance, or has received public assistance, or is receiving IV-D services, or for the purpose of seeking a qualified domestic relations order, pursuant to the Employee Retirement Income Security Act, 29 USC 1056, if an arrearage is owed to the IV-D agency pursuant to an existing court order or judgment for support;.
SECTION 74. Said section 3 of said chapter 119A, as so appearing, is hereby further amended by striking out, in line 44, the word "and".
SECTION 75. Said section 3 of said chapter 119A, as so appearing, is hereby further amended by striking out, in line 46, the word "nine D" and inserting in place thereof the following words:- 9D;
(8) the IV-D agency may file a petition under chapter 203 for the purpose of distribution of trust income; and
(9) the IV-D agency may file a complaint under chapter 109A alleging a fraudulent transfer by an obligor, on the basis of evidence showing a prima facie case that an obligor has transferred income or property to avoid payment of a support obligation.
SECTION 76. Said section 3 of said chapter 119A, as so appearing, is hereby further amended by adding the following sentence:- In an action to enforce payment of arrears or determine the current support obligation, the existence or amount of any arrears shall not be a basis for rebutting the current support obligation determined under the child support guidelines promulgated by the chief justice for administration and management.
SECTION 77. Said chapter 119A is hereby further amended by inserting after section 3 the following two sections:-
Section 3A. In any case requiring the establishment of paternity, the IV-D agency may, on the basis of an affidavit by the mother or the putative father alleging that sexual intercourse between the mother and putative father occurred during the probable period of conception and without the necessity of obtaining an order from a court, order the mother, the child and the putative father to submit to genetic marker tests; provided, however, that the IV-D agency may order such tests only if no other man is presumed to be the father under section 6 of chapter 209C. Notice of the order shall be served on the obligor and individual obligee in accordance with rule 4(d)(2) of the Massachusetts Rules of Domestic Relations Procedure. Upon receipt of the results of the genetic marker tests, the IV-D agency may provide the parties with an opportunity to voluntarily acknowledge parentage pursuant to chapter 209C. If the parties do not voluntarily acknowledge parentage as provided in chapter 209C, the IV-D agency may commence an action to establish paternity pursuant to chapter 209C. If any party fails to appear for or refuses to submit to genetic marker tests in accordance with the order of the IV-D agency, or if any party contests the jurisdiction of the IV-D agency to issue the order for genetic marker tests, the IV-D agency shall commence an action to establish paternity pursuant to chapter 209C.
Section 3B. (a) With respect to a child support order in a case receiving IV-D services, every three years, or more frequently, as the commissioner may by regulation determine, upon the request of either parent, or if there is an assignment under Title IV, Part A of the Social Security Act, upon the request of the IV-D agency or either parent, the IV-D agency shall, taking into account the best interest of the child involved-
(1) review and, if appropriate, prepare a proposed stipulation to modify the order in accordance with the child support guidelines if the amount of the child support award under the order differs from the amount that would be awarded in accordance with the guidelines; provided, however, that no threshold for application of the guidelines to modifications shall apply;
(2) prepare a proposed stipulation to modify the order by applying a cost-of-living adjustment to the order in accordance with a formula developed by regulation promulgated by the commissioner of revenue; or
(3) use automated methods, including comparisons with wage or state income tax data or other data, to identify orders eligible for review, conduct the review, identify orders eligible for modification, and, if appropriate, prepare a proposed stipulation to modify an eligible order under any threshold for modification that may be established by regulation promulgated by the commissioner of revenue.
(b) The IV-D agency shall send notice of intent to modify the order, together with the proposed stipulation to modify the order under this section, by first class mail to the address of the obligor and the individual obligee as appearing in the state case registry pursuant to section 4. The parties may accept the proposed stipulation by signing it and returning it to the IV-D agency within 30 days of the date the notice is mailed. If the parties sign and return the stipulation to the IV-D agency within 30 days of the date the notice is mailed, the IV-D agency shall file a complaint to modify the order, together with the signed stipulation, and the signed stipulation shall provide a sufficient basis for the court to modify the order in accordance with the stipulation, without any additional testimony or hearing. If any party does not sign and return the proposed stipulation to the IV-D agency within 30 days of the date the notice is mailed, or if any party contests the proposed stipulation, the IV-D agency may file a complaint to modify the order.
(c) If the order that the complaint seeks to modify was entered by a probate and family court of the commonwealth, the IV-D agency shall file the complaint in the probate and family court which issued the order that the complaint seeks to modify. If the order that the complaint seeks to modify was issued by the Boston municipal court or by a district court of the commonwealth, or by a court or administrative agency of competent jurisdiction of another state and a court of the commonwealth would have jurisdiction to modify the order pursuant to chapter 209D, the IV-D agency shall file the complaint in the probate and family court located in the county in which one of the parents and the child reside or, if the child resides with neither parent, where the child resides. The IV-D agency shall provide to the parties by first class mail a copy of the modified order entered by the court, and shall enforce the order as provided by this chapter.
(d) If the IV-D agency elects to conduct the review under paragraph (1) of subsection (a), and the IV-D agency determines that there is a variation between the amount of the existing order and the amount that would result upon application of the child support guidelines, the IV-D agency may issue a notice of its intent to modify the order and proposed stipulation on the basis of financial information relating to both parties available to the agency, including tax information pursuant to chapter 62C and wage reporting information pursuant to chapter 62E, in accordance with such guidelines. The notice shall identify the sources of the financial information relating to the parties that serves as the basis for the calculation of the amount of support in the proposed stipulation.
(e) If the IV-D agency elects to conduct the review under paragraph (2) or (3) of subsection (a), the IV-D agency shall issue a notice to the obligor and individual obligee of its intent to modify the order and proposed stipulation. If the IV-D agency conducts the review under said paragraph (2) of said subsection (a), the notice shall specify the cost of living formula. If the IV-D agency conducts the review under said paragraph (3) of said subsection (a).
(f) The notice pursuant to subsection (b) shall specify the threshold for modification and shall identify the sources of the financial information relating to the parties, including tax information pursuant to chapter 62C and wage reporting information pursuant to chapter 62E that serves as the basis for the calculation of the amount of support in the proposed stipulation.
(g) Any modification of an order initiated by the IV-D agency within the three-year cycle, or such shorter cycle as the commissioner of revenue may by regulation determine, as provided in subsection (a), shall be made without a requirement for proof or showing of a change in circumstances by either parent or by the IV-D agency. In the case of a request for review and, if appropriate, a modification, made by a parent or the IV-D agency outside the three-year cycle, or such shorter cycle as the commissioner of revenue may by regulation determine, the IV-D agency shall review and, if the requesting party demonstrates a substantial change in circumstances, file a complaint to modify the order in accordance with the child support guidelines and any threshold for application of the child support guidelines to modifications shall apply.
(h) The IV-D agency shall provide notice not less than once every three years to the parents subject to the order informing the parents of their right to request the IV-D agency to review and, if appropriate, modify the order as set forth herein. The notice may be included in the order of support.
(i) This section shall not apply to support orders in cases not receiving IV-D services.
SECTION 78. Section 4 of said chapter 119A, as so appearing, is hereby amended by striking out, in line 1, the word "The" and inserting in place thereof the following word:- (a) The.
SECTION 79. Said section 4 of said chapter 119A, as amended by section 53 of chapter 19 of the acts of 1997, is hereby further amended by striking out the third to eighth sentences, inclusive, and inserting in place thereof the following:- The IV-D agency shall have in operation a single statewide automated data processing information retrieval system which has the capability to perform the tasks specified by Title IV, Part D of the Social Security Act. The automated system shall include a registry, which shall be known as the "state case registry", that contains records with respect to each case in which IV-D services are being provided by the IV-D agency pursuant to Title IV, Part D of the Social Security Act; and with respect to all other cases, including cases for which the IV-D agency only collects and disburses income withholding payments, each support order established or modified in the commonwealth on or after October 1, 1998. Such records for all cases shall use standardized data elements for both parents, such as names, social security numbers, dates of birth and other such information as the IV-D agency deems appropriate or as the federal secretary of health and human services may require. Each case record in the state case registry with respect to which IV-D services are being provided and with respect to which a support order has been established shall include a record of the amount of monthly or other periodic support owed under the order, and other amounts, including arrearages, interest or late payment penalties, and fees, due or overdue under the order; any such amounts collected; the distribution of such collected amounts; the date of birth, and beginning not later than October 1, 1999, the social security number of each child for whom the order requires the provision of support; and the amount of any lien imposed pursuant to section 6.
The IV-D agency shall promptly establish and update, maintain, and regularly monitor case records in the state case registry with respect to which IV-D services are being provided on the basis of information on administrative actions and administrative and judicial proceedings and orders relating to paternity and support, information obtained from comparison with federal, state, or local sources of information, information on support collections and distributions, and any other relevant information. With respect to all other cases in the state case registry which are not receiving IV-D services, including cases for which the IV-D agency only collects and disburses income withholding payments, the IV-D agency shall update the information required by this section upon provision of such information by the court or the parties.
Each party to any paternity or child support proceeding, whether or not a recipient of IV-D services, is required, subject to privacy and safety safeguards as provided in section 5A, to file with the state case registry upon entry of an order, and to update as appropriate, information on location and identity of the party, including social security number, residential and mailing addresses, telephone number, driver's license number, and name, address, and telephone number of employer. In any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of such a party, the court shall deem due process requirements for notice and service of process to be met with respect to the party, upon delivery of written notice to the most recent residential or employer address filed with the state case registry.
(b) The IV-D agency shall use the automated system required by this section to extract information from, to share and compare information with, subject to section 5A of this chapter, section 6103 of the Internal Revenue Code of 1986 and section 21 of chapter 62C, and to receive information from other data bases and information comparison services, in order to obtain or provide information necessary to enable the IV-D agency or other state or federal agencies to carry out the requirements of Title IV, Part D of the Social Security Act. Such information comparison activities shall include: (1) furnishing, and updating as necessary, to the Federal Case Registry of Child Support Orders information on child support cases recorded in the state case registry, including notification of expiration of orders; (2) exchanging information with the Federal Parent Locator Service; (3) exchanging information with other agencies of the state, including the wage reporting and financial institution match system of the department of revenue, and agencies of other states administering programs funded under Title IV, Part A, of the Social Security Act, programs operated pursuant to Title XIX of the Social Security Act, and other programs designated by the federal Secretary of Health and Human Services; and (4) exchanging information with other agencies, authorities, commissions, courts, counties, cities and towns of the state, companies authorized to issue policies of insurance pursuant to chapter 175, pension or retirement plans, agencies of other states, and interstate information networks, as necessary and appropriate to carry out, or assist other states to carry out, the purposes of the Social Security Act.
(c) The IV-D agency shall use the automated system to the maximum extent feasible, to implement expedited administrative procedures as required by this chapter and Title IV, Part D of the Social Security Act and to assist and facilitate the collection and disbursement of support payments through the state disbursement unit as provided in section 5, through the performance of functions, including transmission of orders and notices to employers and other debtors for the withholding of income within two business days after receipt of notice of, and the income source subject to, such withholding, from a court, another state, an employer, the Federal Parent Locator Service, or another source recognized by the state, and using uniform formats as prescribed by the federal Secretary of Health and Human Services; ongoing monitoring to promptly identify failures to make timely payment of support; and automatic use of enforcement procedures where payments are not timely made. In cases receiving IV-D services, the IV-D agency shall provide reports to the obligor and the obligee of the amounts of payments received and how such payments were distributed as required by Title IV, Part D of the Social Security Act.
SECTION 80. Section 5 of said chapter 119A, as amended by section 55 of said chapter 19 of the acts of 1997, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
(a) The IV-D agency shall establish and operate a unit, which shall be known as "the state disbursement unit", for the collection and disbursement of payments under support orders in all cases being enforced by the IV-D agency and, on and after October 1, 1998, in all cases not receiving IV-D services in which the income of the obligor is subject to withholding pursuant to section 12; provided, however, that with respect to cases not receiving IV-D services, the IV-D agency shall be required only to collect and disburse payments and to update the state case registry based on information provided by the parties or the court, and shall not be required to enforce such orders or to take any other action unless the obligee or obligor files an application for IV-D services with the IV-D agency as provided in section 2. The state disbursement unit shall be operated directly by the IV-D agency or by a contractor responsible directly to the IV-D agency, and shall distribute collected amounts on behalf of the obligee, whether or not a recipient of public assistance, in accordance with Title IV, Part D of the Social Security Act. The state disbursement unit shall use automated procedures, electronic processes, and computer-driven technology to the maximum extent feasible, efficient, and economical, for the collection and disbursement of support payments, including procedures for receipt of payments from parents, employers, other states, and any other source, and for disbursements to custodial parents and other obligees, the department of transitional assistance, the department of social services, and the agencies of other states; for accurate identification of payments; to ensure prompt disbursement of the obligee's share of any payment; and to furnish any parent, upon request, timely information on the current status of support payments under an order requiring payments to be made by or to the parent; provided, however, that with respect to cases not receiving IV-D services for which the IV-D agency only collects and disburses income withholding payments, the state disbursement unit shall not be required to convert and maintain in automated form records of payments kept for any period prior to October 1, 1998, or before such income withholding order was made payable to the IV-D agency. The state disbursement unit shall distribute all amounts payable within two business days after receipt from the employer or other source of periodic income, if sufficient information identifying the obligor and the obligee is provided; except that the state disbursement unit may delay the distribution of collections toward arrearages until the resolution of any timely appeal requesting an administrative or judicial review pursuant to section 17 with respect to such arrearages. Whenever the department of transitional assistance notifies the IV-D agency that it has terminated public assistance payable to an obligee, said IV-D agency shall distribute support payments collected by the IV-D agency to the obligee in accordance with this subsection, until said IV-D agency is notified by the department of transitional assistance that such obligee is again receiving public assistance.
SECTION 81. Said section 5 of said chapter 119A, as amended by section 55 of chapter 19 of the acts of 1997, is hereby further amended by striking out the second paragraph and inserting in place thereof the following two paragraphs:-
(b) Whenever the IV-D agency closes a child support case in accordance with Part D of Title IV of the Social Security Act and the regulations promulgated thereunder because the whereabouts of the obligee are unknown, the IV-D agency shall direct the obligor, and any employer or other person remitting child support payments on behalf of the obligor, to cease remitting such payments to the IV-D agency. Thereafter the IV-D agency may, in accordance with regulations promulgated under this chapter, transfer the undisbursed payments to the department of transitional assistance to reimburse the commonwealth for arrears due for any period that public assistance was provided to the obligee or may return to the obligor any payments received by it that cannot be disbursed to the obligee because such obligee's whereabouts are unknown. The return of a child support payment to an obligor hereunder shall not affect the underlying child support obligation. The IV-D agency shall maintain any undisbursed payments, along with any payments that are unidentifiable as to either the obligee or the obligor, in the child support trust fund payments account for three years and shall attempt to locate or identify such obligee or obligor. If, at the expiration of such time the IV-D agency has been unable to locate the obligee on whose behalf the payments were remitted or has not transferred the payments to the department of transitional assistance or cannot locate the obligor in order to return the payments or has not identified the obligor or obligee of the payments and the payments remain undisbursed or unidentified, the IV-D agency may expend such funds on public awareness about teenage pregnancy, out-of-wedlock births, paternity establishment, child support and domestic violence. Such public education shall consist of efforts to provide the public, or groups within the public, with information directed specifically at preventing teenage pregnancies and pregnancies from parents not married to each other encouraging paternity establishment, including voluntary acknowledgment of parentage, promoting responsibility for child support obligations, and protecting the confidentiality of domestic violence victims receiving IV-D services. Expenditures of such funds for such purposes shall be in addition to and shall not replace existing local, state, or federal funding related to the same purposes.
(c) The IV-D agency shall notify the obligee upon termination of public assistance of his eligibility to continue to receive IV-D services, and, unless requested by the obligee to terminate IV-D services, the IV-D agency shall continue to provide such services subject to the same conditions and on the same basis as in the case of other individuals to whom IV-D services are furnished, except that an application or other request to continue such IV-D services shall not be required of such a family.
SECTION 82. Said chapter 119A, is hereby further amended by inserting after said section 5, as so amended, the following two sections:-
Section 5A. (a) Personal data collected and maintained by the IV-D agency shall not be a public record under chapter 66 and access to this data shall be available only to employees of the IV-D agency and its contractors only to the extent reasonably necessary for the performance of said contractors duties; provided, however, that the IV-D agency may disclose such data for purposes connected with establishing paternity, establishing, modifying or enforcing child support obligations pursuant to this chapter and Title IV, Part D of the Social Security Act; and provided further, that subject to subsection (b), section 5B and section 21 of chapter 62C, the IV-D agency may disclose personal data-
(1) to any state or federal public assistance program or to the IV-D agency of another state for purposes connected with the administration of such program or of the child support enforcement program, as authorized by Title IV, Part D of the Social Security Act and by the secretary of the federal department of health and human services;
(2) for the purpose of conducting information comparisons pursuant to section 4;
(3) to persons authorized to receive information from the Federal Parent Locator Service established pursuant to Title IV, Part D of the Social Security Act;
(4) as provided in section 21 of chapter 62C, section 8 of chapter 62E, and section 15D of chapter 22, to the director of the bureau of special investigations for purposes directly connected with detecting and preventing fraud in any assistance program administered by the department of transitional assistance or any program administered by the department of social services;
(5) to the department of social services for purposes directly connected with an investigation under section 51B of chapter 119 or proceedings related to termination of parental rights or adoption;
(6) as provided in section 10 of chapter 62D, for the purpose of setoff debt collection pursuant to the provisions of said chapter 62D;
(7) to a person authorized in writing by the parent or, in the case of the child, by the custodial parent or legal guardian of the child, to receive such personal data;
(8) for purposes directly connected to obtaining health care coverage for a child receiving IV-D services, to an employer or provider of health care coverage or to the obligor;
(9) in the case of personal data about an individual parent, to that parent or, in the case of personal data about the child, to the custodial parent or legal guardian of the child.
Before disclosing personal data pursuant to this section, the IV-D agency may require the person or agency requesting such data to verify that such data is required for a purpose permitted by this section and that such data will be used solely for such purpose. The IV-D agency shall limit disclosure to the specific data required by the person or agency to carry out a purpose permitted by this chapter. For the purposes of this chapter, "personal data" shall have the same meaning as provided in section 1 of chapter 66A.
(b) The IV-D agency shall safeguard personal data if the IV-D agency is provided with reasonable evidence of a risk of harm. A state agency, court, IV-D agency of another state, obligor, obligee, and such other persons or entities as the IV-D agency may specify may provide the IV-D agency with reasonable evidence of a risk of harm in such manner as the IV-D agency may require. The IV-D agency shall not be required to safeguard personal data for longer than two years unless the IV-D agency is provided with reasonable evidence of a continued risk of harm in such manner as the IV-D agency may require. The IV-D agency shall notify individuals whose personal data is safeguarded under this section that in order for the safeguards to remain in effect, such individuals must provide the IV-D agency every two years with reasonable evidence of a continued risk of harm. For the purposes of this section, "reasonable evidence of a risk of harm" shall mean reasonable evidence that the release of information may result in physical harm to the parent or child, that the release of information may result in emotional harm to the parent or child which would significantly reduce the parent's capacity to care for the child, or would significantly reduce the parent or child's ability to function adequately, or that a protective order or restraining order has been issued on behalf of the parent or the child pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, or similar law of another jurisdiction.
If the IV-D agency is provided with reasonable evidence of a risk of harm, the IV-D agency, its employees and its contractors shall not disclose any personal data that could otherwise be disclosed pursuant to subsection (a) about the location of a parent or child, including residential address, telephone number, and name, address and telephone number of employer, and shall not disclose the social security number of a parent or child; provided, however, that such personal data may be shared by and between employees of the IV-D agency and its contractors; provided further that the IV-D agency may disclose such personal data to the Federal Parent Locator Service, to a court or agent of a court that is authorized to receive information from the Federal Parent Locator Service established pursuant to Title IV, Part D of the Social Security Act, to the department of transitional assistance, to the department of social services for purposes directly connected with an investigation under section 51B of chapter 119 or proceedings related to termination of parental rights or adoption, to a person authorized to receive such personal data by the parent or, in the case of the child, by the custodial parent or legal guardian of the child; provided further, that the IV-D agency may disclose the social security number of a child receiving IV-D services for purposes directly connected to obtaining health care coverage for such child to an employer or provider of health care coverage.
If the IV-D agency is provided with reasonable evidence of a risk of harm pursuant to this section, the IV-D agency shall notify the Federal Parent Locator Service established pursuant to Title IV, Part D of the Social Security Act that a risk of harm exists. Upon written request by a court or agent of a court authorized to receive information from the Federal Parent Locator Service, the IV-D agency shall release personal data, which may include location information and social security numbers, to such court or agent, as required by said Title IV, Part D of the Social Security Act; provided, however, that if the IV-D agency has been provided with reasonable evidence of a risk of harm, the IV-D agency shall notify the court or agent that the IV-D agency has received such information and that pursuant to section 5B, before making any disclosure of such personal data, the court is required to determine whether such disclosure to any other person could be harmful to the parent or child. A person or agency seeking disclosure of personal data which the IV-D agency is prohibited from disclosing because of a risk of harm, but which could otherwise be disclosed pursuant to subsection (a), may file a petition with the probate and family court pursuant to section 5B to request disclosure of such personal data.
(c) The IV-D agency shall have in effect safeguards to ensure the integrity, accuracy, and completeness of, access to, and use of data, including personal data and data in the automated system required by section 4, which shall include: (1) written policies concerning access to data by IV-D agency personnel and its contractors, and sharing of data with other persons, which permit access to and use of data only to the extent necessary to carry out the purposes of the child support enforcement program, and which specify the data which may be used for particular program purposes, and the personnel permitted access to such data; (2) systems controls to ensure strict adherence to said policies; (3) routine monitoring of access to and use of the automated system required by section 4, through methods such as audit trails, to guard against and promptly identify unauthorized access or use; (4) procedures to ensure that all personnel, including employees of the IV-D agency and its contractors, who may have or had access to or who may be or were required to use confidential program data and personal data are informed of applicable requirements and penalties, including those in this section, section 6103 of the Internal Revenue Code of 1986 and section 21 of chapter 62C, and are adequately trained in security procedures; (5) penalties, as provided in this section for willful inspection or disclosure of, or unauthorized access to, personal data; and (6) such other safeguards as the commissioner of revenue and the secretary of the federal Department of Health and Human Services may specify in regulations.
The willful inspection or disclosure of personal data, except as authorized by this section or section 5B, by any employee of the IV-D agency, its contractors, or any person obtaining unauthorized access to such data, including data stored in a computer system or computer files, while such data are in the custody of the commissioner of revenue or in the custody of any employee of the IV-D agency or its contractors is prohibited. Personal data may be inspected, and shared by and between employees of the IV-D agency in the performance of their official duties as provided in this chapter. Authorized employees of the department of revenue may disclose personal data to any employee of a contractor of the IV-D agency to the extent necessary for performance of the contracted duties of the employee. Personal data properly disclosed by employees of the IV-D agency may be inspected and shared by and between employees of a contractor of the IV-D agency in performance of their contracted duties and for the purpose for which such data was disclosed. Any violation of this section by an employee of the IV-D agency, its contractors or an officer, director or employee thereof, a person obtaining unauthorized access to personal data, or any other individual shall be punished by a fine of not more than $1,000 with respect to each person concerning whom information has been disclosed or inspected or by imprisonment for not more than one year, or both, and by disqualification from holding office in the commonwealth for such period, not exceeding three years, as the court determines. The determination by the commissioner of revenue that an employee of the IV-D agency, or the determination by another agency head that an employee of such other agency, has made a disclosure or willful inspection of personal data that was not authorized by this section and not protected by the good faith provision of subsection (d) shall be grounds for dismissal of such employee. A violation, as determined by the commissioner of revenue, of this section by an officer, director or employee of any contractor of the commonwealth shall be grounds for prohibiting such officer, director or employee from working on a contract between the contractor and the commonwealth. A violation, as determined by the commissioner of revenue, of this section by any contractor of the commonwealth, or any officer, director or employee thereof, shall also be cause for terminating any current contract between such contractor and the commonwealth and for prohibiting such contractor from entering into any future contract with the commonwealth.
(d) Any unauthorized disclosure or unauthorized willful inspection made in a good faith effort to comply with this section shall not be considered a violation of this section.
Section 5B. A person or agency, including the IV-D agency, seeking personal data which the IV-D agency is prohibited from disclosing because of a risk of harm, but which could otherwise be disclosed pursuant to subsection (a) of section 5A, or which the Federal Parent Locator Service established pursuant to Title IV, Part D of the Social Security Act is prohibited from disclosing because the secretary of the federal Department of Health and Human Services has been notified that there is reasonable evidence of domestic violence or child abuse, may file a petition with the probate and family court where the person resides, or in the case of an agency, with the probate and family court of Suffolk county, to request disclosure of such personal data. The petition shall specify the purposes for which such personal data is required. When a petition is filed under this section, or when the court receives notice from the IV-D agency that the IV-D agency has been notified of a risk of harm pursuant to said section 5A, the court shall determine whether disclosure of personal data could be harmful to the parent or child before releasing such data to any other person or agency. In making such determination, the court shall notify the parent that the court has received a request to release personal data and shall provide a specific date by which the parent must object to release of the information and provide the basis for objection. The parent may provide such information in writing and shall not be required to appear in person to contest the release of information. The court shall also notify the IV-D agency of any petition filed pursuant to this section and the IV-D agency shall provide the court with any reasonable evidence of the risk of harm which has been provided to the IV-D agency pursuant to said section 5A; provided, however, that the IV-D agency shall not be made a party to the action, except upon good cause shown. The court may also request information directly from the Federal Parent Locator Service, from the IV-D agency of another state, and from any other source.
In determining whether disclosure of personal data could be harmful to the parent or child, the court shall consider any relevant information provided by the parent or child, any information provided by the IV-D agency or by the IV-D agency of another state, any evidence provided by the person seeking the personal data, whether the address of the parent or child has been impounded pursuant to sections 3 and 8 of chapter 209A, and any other relevant evidence, including information contained in the records of the statewide domestic violence record keeping system maintained by the office of the commissioner of probation. Documentary evidence transmitted to the court by facsimile, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission. The court may permit a party or witness to be deposed or to testify by telephone, audiovisual means, or other electronic means.
The court shall not enter an order to disclose personal data without reviewing all of the information that has been provided to the court and shall not draw an adverse inference from the failure of the parent to appear in person to contest disclosure of information. The court may enter an order (1) impounding the personal data and prohibiting any disclosure by the court or its agents, (2) permitting disclosure by the court or its agents to a specific person or persons, (3) prohibiting disclosure by the court or its agents to a specific person or persons, or (4) removing any restrictions on disclosure by the court and its agents. An order permitting disclosure of personal data may specify the purposes for which the data may be used and may prohibit a person to whom the data is disclosed from making further disclosures to any other person. The court shall notify the IV-D agency of any order entered pursuant to this section. Any person or agency who violates an order issued pursuant to this section may be held in contempt of court and subject to the penalties provided in said section 5A.
The court may disclose location information about a parent for the limited purpose of notifying the parent of a proceeding under this section or of any other proceeding in the probate and family court, provided that such information shall not be disclosed to another party unless the court issues an order pursuant to this section permitting such disclosure.
SECTION 83. Section 6 of said chapter 119A, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 7, the words "a wage assignment" and inserting in place thereof the following words:- an order to withhold income.
SECTION 84. Said section 6 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "programs", in line 9, the following words:- ; use of federal administrative offset pursuant to the Debt Collection Improvement Act of 1996 31 USC 3716; use of federal program for denial, revocation, or limitation of passports; notification to consumer credit reporting agencies pursuant to section 52A of chapter 93.
SECTION 85. Said section 6 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "apply", in line 14, the following words:- ; petition to the probate and family court for distribution of trust income in accordance with chapter 203.
SECTION 86. Said section 6 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "nine D", in line 18, the following words:- or required by Title IV, Part D of the Social Security Act. The IV-D agency is further authorized, in cases where there is a support arrearage, to secure assets to satisfy the arrearage by intercepting or seizing periodic or lump-sum payments from any state or local agency or authority, including unemployment compensation, workers' compensation and other benefits not otherwise exempt, judgments, settlements, and lotteries; attaching and seizing assets of the obligor held in financial institutions; attaching any public and private pension or retirement funds as provided by this chapter and by chapter 32; and imposing liens in accordance with this section and, in appropriate cases, forcing sale of any real or personal property and distribution of proceeds. Such procedures shall be subject to due process as provided in this chapter, including an opportunity for administrative and judicial review as provided in section 17.
SECTION 87. Said section 6 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "review", in line 43, the following words:- under section 17, including sufficient documentation.
SECTION 88. Said section 6 of said chapter 119A, as so appearing, is hereby further amended by striking out, in line 44, the word "twenty-one" and inserting in place thereof the following figure:- 30.
SECTION 89. Said section 6 of said chapter 119A, as so appearing, is hereby further amended by striking out, in line 44, the word "conduct" and inserting in place thereof the following word:- initiate.
SECTION 90. Said section 6 of said chapter 119A, as so appearing, is hereby further amended by striking out, in line 47, the word "twelve" and inserting in place thereof the following figure:- 4.
SECTION 91. Said section 6 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "property", in line 115, the following words:- , including property located outside the commonwealth and accounts as defined in section 4 of chapter 62E,.
SECTION 92. Said section 6 of said chapter 119A, as so appearing, is hereby further amended by inserting after the word "section.", in line 139, the following three sentences:- With respect to a levy on securities, or a levy on shares of a mutual fund other than a money market mutual fund, the obligor may sell or repurchase such securities or shares in the ordinary and usual course of investing, but may not receive funds resulting from such sale, for a time period of up to 45 days. If during such time period the IV-D agency has not rescinded the levy, extended the time period, or notified the person or entity in possession of such securities or shares to remit funds, at the end of such time period such person shall forthwith liquidate sufficient securities or shares to satisfy the full amount of the lien and remit the liquidated funds to the IV-D agency; provided, however, that if during such time period, the obligor files a timely request for administrative review pursuant to this chapter which is not resolved prior to the end of such time period, the time period shall be extended until the final resolution of the request for administrative review; and provided further, that if a request for administrative review is resolved prior to the end of such time period, the IV-D agency may notify the person or entity in possession of such securities or shares to remit funds forthwith or that the levy is released. For the purposes of this section, the term "money market mutual fund" shall mean every regulated investment company within the meaning of section 851(a) of the Internal Revenue Code which seeks to maintain a constant net asset value of $1 per share in accordance with section 270.2a-7 of title 17 of the Code of Federal Regulations.
SECTION 93. Said section 6 of said chapter 119A, as so appearing, is hereby further amended by striking out, in line 178, the designation "(11)" and inserting in place thereof the following:- (c).
SECTION 94. Said section 6 of said chapter 119A, as so appearing, is hereby further amended by striking out, in line 179, the words "subparagraph (2) or subparagraph (4)" and inserting in place thereof the following words:- this section.
SECTION 95. Said section 6 of said chapter 119A, as so appearing, is hereby further amended by striking out, in lines 180 to 181, the words "herein, seek judicial review", and inserting in place thereof the following words:- in section 17, seek judicial review within 45 days.
SECTION 96. Said chapter 119A is hereby further amended by inserting after section 6, as so appearing, the following section:-
Section 6A. (a) The IV-D agency is hereby authorized to attach payments, distributions or benefits owing to an obligor under any pension or retirement plan, as provided in this section.
(b)(1) With respect to any pension or retirement plan governed by the Employee Retirement Income Security Act, Title 29 of the United States Code, the IV-D agency may attach payments, distributions or benefits pursuant to a qualified domestic relations order, as defined in 29 USC 1056, issued by a court of competent jurisdiction or by the IV-D agency, as provided in paragraph (2).
(2) Pursuant to regulation promulgated by the commissioner, the IV-D agency may issue a qualified domestic relations order, as defined in 29 USC 1056, without the need for judicial or administrative hearing; provided, however, that the IV-D agency shall notify the obligor of the issuance of such qualified domestic relations order and of the procedures to follow under section 17 if the obligor wishes to contest such issuance on the grounds that the withholding under the qualified domestic relations order or the amount withheld is improper due to mistake of fact.
(c) With respect to all other pension or retirement plans, the IV-D agency may attach payments, distributions or benefits or execute an income withholding order under the procedures set out in sections 6 and 12, without obtaining or issuing a qualified domestic relations order as defined in 29 USC 1056.
(d) If a member of a pension or retirement plan is eligible to receive a return of accumulated total deductions under the provisions of chapter 32 or under the provisions of any general or special law and requests such return from the pension or retirement board on the prescribed form, prior to the return of such accumulated total deductions, the board shall provide to the IV-D agency the member's name, date of birth, address, and social security number. Within 15 days of receipt of such information, the IV-D agency shall notify the board if such member owes child support arrears, provided, however, that if, due to unfo