Bill Text: NY A02704 | 2013-2014 | General Assembly | Amended
Bill Title: Authorizes the creation of a financially deliquent parents most wanted list.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-02-25 - print number 2704a [A02704 Detail]
Download: New_York-2013-A02704-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2704--A
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
___________
Introduced by M. of A. MAISEL, LAVINE, ROBERTS, RAIA, MONTESANO --
Multi-Sponsored by -- M. of A. McKEVITT, ROBINSON, WEISENBERG -- read
once and referred to the Committee on Social Services -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the social services law, in relation to authorizing the
creation of a financially delinquent parents most wanted list
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The social services law is amended by adding a new section
2 111-w to read as follows:
3 S 111-W. "FINANCIALLY DELINQUENT PARENTS MOST WANTED LIST"; WEBSITE;
4 COORDINATED ARRESTS. 1. DEFINITIONS. AS USED IN THIS SECTION: (A)
5 "OFFICE" MEANS THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE; AND
6 (B) "COMMISSIONER" MEANS THE COMMISSIONER OF TEMPORARY AND DISABILITY
7 ASSISTANCE.
8 2. THE OFFICE SHALL COMPILE, AND SHALL DISCLOSE AND PUBLISH ON A QUAR-
9 TERLY BASIS AT REGULAR INTERVALS A "FINANCIALLY DELINQUENT PARENTS MOST
10 WANTED LIST", COMPRISED OF INDIVIDUALS WHO ARE IN ARREARS IN THEIR CHILD
11 SUPPORT OBLIGATIONS UNDER A COURT OR ADMINISTRATIVE ORDER. THE LIST
12 SHALL INCLUDE ONLY THOSE PERSONS WHO ARE IN ARREARS IN AN AMOUNT GREATER
13 THAN TEN THOUSAND DOLLARS, OR SUCH OTHER AMOUNT AS ESTABLISHED FROM TIME
14 TO TIME BY THE COMMISSIONER, AND SHALL SET FORTH IDENTIFYING INFORMA-
15 TION, INCLUDING BUT NOT LIMITED TO, THE NAME AND LAST KNOWN ADDRESS OF
16 THE INDIVIDUAL OWING THE ARREARAGE, A PHYSICAL DESCRIPTION OF SUCH INDI-
17 VIDUAL AND A PHOTOGRAPH OF THE INDIVIDUAL IF AVAILABLE, THE INDIVIDUAL'S
18 OCCUPATION, THE AMOUNT OF ANY CHILD SUPPORT ARREARAGE, THE NUMBER OF
19 CHILDREN FOR WHOM SUPPORT IS OWED, AND ANY OTHER INFORMATION DEEMED
20 APPROPRIATE BY THE OFFICE.
21 3. THE "FINANCIALLY DELINQUENT PARENTS MOST WANTED LIST" SHALL BE MADE
22 AVAILABLE BY THE OFFICE THROUGH ITS WEBSITE, PROVIDED THAT SUCH ACCESS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03867-02-3
A. 2704--A 2
1 SHALL BE LIMITED TO ENTITIES AND INDIVIDUALS WHO ARE AT LEAST EIGHTEEN
2 YEARS OF AGE AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND DISSEM-
3 INATION AT EACH FACILITY OF THE OFFICE, INCLUDING BUT NOT LIMITED TO,
4 THE OFFICE OF EACH SUPPORT COLLECTION UNIT.
5 4. THE LIST SHALL BE USED FOR THE PURPOSES OF LOCATING DELINQUENT
6 INDIVIDUALS AND ASSISTING WITH THE ENFORCEMENT OF ORDERS DIRECTING THE
7 PAYMENT OF SUPPORT.
8 5. AT LEAST NINETY DAYS PRIOR TO THE DISCLOSURE OF AN INDIVIDUAL'S
9 INFORMATION ON THE LIST, THE OFFICE SHALL MAIL A WRITTEN NOTICE TO THE
10 INDIVIDUAL BY CERTIFIED MAIL ADDRESSED TO THE INDIVIDUAL'S LAST KNOWN
11 HOME ADDRESS. THE NOTICE SHALL DETAIL THE AMOUNT OF THE ARREARAGE AND
12 THE OFFICE'S INTENT TO DISCLOSE THE ARREARAGE. IF THE ARREARAGE IS NOT
13 PAID IN FULL WITHIN NINETY DAYS AFTER THE NOTICE WAS DELIVERED TO THE
14 INDIVIDUAL OR THE OFFICE HAS BEEN NOTIFIED THAT DELIVERY WAS REFUSED OR
15 OTHERWISE NOT SUCCESSFUL, AND THE INDIVIDUAL HAS NOT, SINCE THE MAILING
16 OF THE NOTICE, ENTERED INTO A WRITTEN AGREEMENT WITH THE OFFICE FOR
17 PAYMENT OF THE ARREARAGE THE OFFICE SHALL DISCLOSE THE INDIVIDUAL'S
18 ARREARAGE UNDER SUBDIVISION TWO OF THIS SECTION.
19 6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION,
20 INFORMATION CONCERNING AN INDIVIDUAL IN ARREARS IN HIS OR HER CHILD
21 SUPPORT OBLIGATIONS UNDER A COURT OR ADMINISTRATIVE ORDER IS NOT SUBJECT
22 TO DISCLOSURE UNDER SUBDIVISION TWO OF THIS SECTION IF: (A) A WRITTEN
23 AGREEMENT FOR PAYMENT EXISTS BETWEEN THE INDIVIDUAL AND THE OFFICE, OR
24 (B) THE ARREARAGE IS THE SUBJECT OF AN ADMINISTRATIVE HEARING, ADMINIS-
25 TRATIVE REVIEW, OR JUDICIAL REVIEW. NOTWITHSTANDING ANY OTHER PROVISION
26 OF THIS SECTION, IF AN INDIVIDUAL FAILS TO COMPLY IN FULL WITH AN AGREE-
27 MENT MADE BETWEEN THE INDIVIDUAL AND THE OFFICE, THE OFFICE MAY PLACE
28 THE INDIVIDUAL'S INFORMATION ON THE LIST AGAIN WITHOUT BEING REQUIRED TO
29 GIVE NOTICE AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION.
30 7. AN INDIVIDUAL'S INFORMATION SHALL BE REMOVED FROM THE "FINANCIALLY
31 DELINQUENT PARENTS MOST WANTED LIST" UPON: (A) FULL PAYMENT OF THE
32 ARREARAGE; (B) PAYMENT OF THREE CONSECUTIVE PAYMENTS MADE UNDER A WRIT-
33 TEN AGREEMENT BETWEEN THE INDIVIDUAL AND THE OFFICE OR (C) SUBMISSION TO
34 THE OFFICE OF A CERTIFIED COPY OF A COURT OR ADMINISTRATIVE ORDER
35 DIRECTING THAT THE INDIVIDUAL IS NOT RESPONSIBLE FOR THE PAYMENTS
36 COMPRISING THE ARREARAGE. SUCH INFORMATION SHALL BE REMOVED FROM THE
37 WEBSITE NO LATER THAN TEN BUSINESS DAYS AFTER THE RECEIPT OF THE INFOR-
38 MATION DESCRIBED IN THIS SUBDIVISION AND FROM THE PRINTED VERSIONS OF
39 THE LIST AT THE TIME OF THE NEXT PRINTING OF SUCH VERSION.
40 8. A DISCLOSURE MADE BY THE OFFICE IN A GOOD FAITH EFFORT TO COMPLY
41 WITH THIS SECTION SHALL NOT BE CONSIDERED A VIOLATION OF ANY CONFIDEN-
42 TIALITY LAWS.
43 9. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS HE
44 OR SHE DEEMS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
45 S 2. Section 111-v of the social services law is amended by adding a
46 new subdivision 6 to read as follows:
47 6. THE DISCLOSURE OR PUBLICATION OF INFORMATION ON THE DELINQUENT
48 OBLIGOR'S SUPPORT LIST AND WEBSITE, AS PROVIDED IN SECTION ONE HUNDRED
49 ELEVEN-W OF THIS TITLE SHALL NOT BE CONSTRUED TO BE A VIOLATION OF THE
50 PROVISIONS OF THIS SECTION.
51 S 3. This act shall take effect immediately.
