Bill Text: NY S04114 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes the creation of a financially deliquent parents most wanted list.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2014-04-25 - PRINT NUMBER 4114A [S04114 Detail]

Download: New_York-2013-S04114-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4114
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     March 8, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Social Services
       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
   23  SHALL BE LIMITED TO ENTITIES AND INDIVIDUALS WHO ARE AT  LEAST  EIGHTEEN
   24  YEARS  OF  AGE  AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND DISSEM-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03867-03-3
       S. 4114                             2
    1  INATION AT EACH FACILITY OF THE OFFICE, INCLUDING BUT  NOT  LIMITED  TO,
    2  THE OFFICE OF EACH SUPPORT COLLECTION UNIT.
    3    4.  THE  LIST  SHALL  BE  USED FOR THE PURPOSES OF LOCATING DELINQUENT
    4  INDIVIDUALS AND ASSISTING WITH THE ENFORCEMENT OF ORDERS  DIRECTING  THE
    5  PAYMENT OF SUPPORT.
    6    5.  AT  LEAST  NINETY  DAYS PRIOR TO THE DISCLOSURE OF AN INDIVIDUAL'S
    7  INFORMATION ON THE LIST, THE OFFICE SHALL MAIL A WRITTEN NOTICE  TO  THE
    8  INDIVIDUAL  BY  CERTIFIED  MAIL ADDRESSED TO THE INDIVIDUAL'S LAST KNOWN
    9  HOME ADDRESS. THE NOTICE SHALL DETAIL THE AMOUNT OF  THE  ARREARAGE  AND
   10  THE  OFFICE'S  INTENT TO DISCLOSE THE ARREARAGE. IF THE ARREARAGE IS NOT
   11  PAID IN FULL WITHIN NINETY DAYS AFTER THE NOTICE WAS  DELIVERED  TO  THE
   12  INDIVIDUAL  OR THE OFFICE HAS BEEN NOTIFIED THAT DELIVERY WAS REFUSED OR
   13  OTHERWISE NOT SUCCESSFUL, AND THE INDIVIDUAL HAS NOT, SINCE THE  MAILING
   14  OF  THE  NOTICE,  ENTERED  INTO  A WRITTEN AGREEMENT WITH THE OFFICE FOR
   15  PAYMENT OF THE ARREARAGE THE  OFFICE  SHALL  DISCLOSE  THE  INDIVIDUAL'S
   16  ARREARAGE UNDER SUBDIVISION TWO OF THIS SECTION.
   17    6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION,
   18  INFORMATION  CONCERNING  AN  INDIVIDUAL  IN  ARREARS IN HIS OR HER CHILD
   19  SUPPORT OBLIGATIONS UNDER A COURT OR ADMINISTRATIVE ORDER IS NOT SUBJECT
   20  TO DISCLOSURE UNDER SUBDIVISION TWO OF THIS SECTION IF:  (A)  A  WRITTEN
   21  AGREEMENT  FOR  PAYMENT EXISTS BETWEEN THE INDIVIDUAL AND THE OFFICE, OR
   22  (B) THE ARREARAGE IS THE SUBJECT OF AN ADMINISTRATIVE HEARING,  ADMINIS-
   23  TRATIVE REVIEW, OR JUDICIAL REVIEW.  NOTWITHSTANDING ANY OTHER PROVISION
   24  OF THIS SECTION, IF AN INDIVIDUAL FAILS TO COMPLY IN FULL WITH AN AGREE-
   25  MENT  MADE  BETWEEN  THE INDIVIDUAL AND THE OFFICE, THE OFFICE MAY PLACE
   26  THE INDIVIDUAL'S INFORMATION ON THE LIST AGAIN WITHOUT BEING REQUIRED TO
   27  GIVE NOTICE AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION.
   28    7. AN INDIVIDUAL'S INFORMATION SHALL BE REMOVED FROM THE  "FINANCIALLY
   29  DELINQUENT  PARENTS  MOST  WANTED  LIST" UPON:   (A) FULL PAYMENT OF THE
   30  ARREARAGE; (B) PAYMENT OF THREE CONSECUTIVE PAYMENTS MADE UNDER A  WRIT-
   31  TEN AGREEMENT BETWEEN THE INDIVIDUAL AND THE OFFICE OR (C) SUBMISSION TO
   32  THE  OFFICE  OF  A  CERTIFIED  COPY  OF  A COURT OR ADMINISTRATIVE ORDER
   33  DIRECTING THAT THE  INDIVIDUAL  IS  NOT  RESPONSIBLE  FOR  THE  PAYMENTS
   34  COMPRISING  THE  ARREARAGE.   SUCH INFORMATION SHALL BE REMOVED FROM THE
   35  WEBSITE NO LATER THAN TEN BUSINESS DAYS AFTER THE RECEIPT OF THE  INFOR-
   36  MATION  DESCRIBED  IN  THIS SUBDIVISION AND FROM THE PRINTED VERSIONS OF
   37  THE LIST AT THE TIME OF THE NEXT PRINTING OF SUCH VERSION.
   38    8. A DISCLOSURE MADE BY THE OFFICE IN A GOOD FAITH  EFFORT  TO  COMPLY
   39  WITH  THIS  SECTION SHALL NOT BE CONSIDERED A VIOLATION OF ANY CONFIDEN-
   40  TIALITY LAWS.
   41    9. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS  HE
   42  OR SHE DEEMS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   43    S  2.  Section 111-v of the social services law is amended by adding a
   44  new subdivision 6 to read as follows:
   45    6. THE DISCLOSURE OR PUBLICATION  OF  INFORMATION  ON  THE  DELINQUENT
   46  OBLIGOR'S  SUPPORT  LIST AND WEBSITE, AS PROVIDED IN SECTION ONE HUNDRED
   47  ELEVEN-W OF THIS TITLE SHALL NOT BE CONSTRUED TO BE A VIOLATION  OF  THE
   48  PROVISIONS OF THIS SECTION.
   49    S 3. This act shall take effect immediately.