Bill Text: NY A04857 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes a deadbeats most wanted list and worldwide web page.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2024-01-03 - referred to social services [A04857 Detail]
Download: New_York-2023-A04857-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4857 2023-2024 Regular Sessions IN ASSEMBLY February 23, 2023 ___________ Introduced by M. of A. BARCLAY, McDONOUGH, MANKTELOW, J. M. GIGLIO, GALLAHAN, LEMONDES -- Multi-Sponsored by -- M. of A. BLANKENBUSH, K. BROWN, DeSTEFANO -- read once and referred to the Committee on Social Services AN ACT to amend the social services law and the family court act, in relation to establishing a deadbeats most wanted list and worldwide web page The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 5 of the social services law is amended by adding a 2 new title 10-A to read as follows: 3 TITLE 10-A 4 DEADBEATS MOST WANTED 5 Section 361. Deadbeats most wanted list. 6 361-a. Deadbeats most wanted worldwide web page. 7 § 361. Deadbeats most wanted list. 1. The commissioner of children 8 and family services may disclose a "deadbeats most wanted list" of indi- 9 viduals who are in arrears in their child support obligations under a 10 New York court order or administrative order. The list shall include 11 only those persons who are in arrears in an amount greater than five 12 thousand dollars (or such greater amount as established by the office of 13 children and family services). The list shall include the individual's 14 name and address, the amount of any child support arrearage, and any 15 other information deemed appropriate by the office of children and fami- 16 ly services. 17 2. At least ninety days before the disclosure under subdivision one of 18 this section of the name of an individual who is in arrears in his or 19 her child support obligations, the commissioner of children and family 20 services shall mail a written notice to the individual by certified mail 21 addressed to the individual's last known address. The notice shall 22 detail the amount of the arrearage and the office of children and family EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04906-01-3A. 4857 2 1 services' intent to disclose the arrearage. If the arrearage is not paid 2 sixty days after the notice was delivered to the individual or the 3 office of children and family services has been notified that delivery 4 was refused, and the individual has not, since the mailing of the 5 notice, entered into a written agreement with the office of children and 6 family services for payment of the arrearage, the commissioner of chil- 7 dren and family services may disclose the individual's arrearage under 8 subdivision one of this section. 9 3. An individual in arrears in his or her child support obligations 10 under a New York court order or administrative order is not subject to 11 disclosure under subdivision one of this section if (a) a written agree- 12 ment for payment exists between the individual and the office of chil- 13 dren and family services or (b) the arrearage is the subject of an 14 administrative hearing, administrative review, or judicial review. 15 4. The list shall be available for public inspection at the office of 16 children and family services or by other means of publication, including 17 the internet. 18 5. A disclosure made by the commissioner of children and family 19 services in a good faith effort to comply with this section may not be 20 considered a violation of any confidentiality laws. 21 § 361-a. Deadbeats most wanted worldwide web page. The office of 22 children and family services shall create and maintain or cause to be 23 created and maintained one or more worldwide web pages containing infor- 24 mation on selected individuals who are in arrears in their child support 25 obligations under a New York court order or administrative order. The 26 information regarding each of the individuals shall include the individ- 27 ual's name, a photograph if available, the amount of the child support 28 arrearage, and any other information deemed appropriate by the office of 29 children and family services in its discretion. The individuals may be 30 chosen by the office of children and family services using criteria 31 including, but not limited to, the amount of the arrearage, the effect 32 of inclusion of an individual upon the likelihood of the individual's 33 payment of an arrearage, the motivational effect that inclusion of an 34 individual may have on the willingness of other individuals to pay their 35 arrearages, or the need to locate a particular individual. The office of 36 children and family services shall make the page or pages accessible to 37 internet users through the worldwide web. The office of children and 38 family services, in its discretion, may change the contents of the page 39 or pages from time to time. 40 Before including information on the worldwide web page concerning an 41 individual who owes past due support, the office of children and family 42 services shall provide the individual with notice and an opportunity to 43 be heard. 44 § 2. The family court act is amended by adding a new section 159 to 45 read as follows: 46 § 159. Child support information. The clerks of the family courts 47 may, upon request, cooperate with and supply information to counties and 48 municipalities wishing to create and maintain worldwide web pages 49 containing information on individuals who are in arrears in their child 50 support obligations and have been found to be in contempt of court as a 51 result of the existence of that arrearage. 52 § 3. This act shall take effect on the one hundred eightieth day after 53 it shall have become a law. Effective immediately the commissioner of 54 children and family services shall have the authority to promulgate any 55 rules or regulations necessary for the implementation of this act prior 56 to such effective date.
