Authorizes the creation of a child support deadbeats most wanted list.
Ayes (21): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Lanza, Larkin, LaValle, Marcellino, Nozzolio, Robach, Seward, Young, Breslin, Diaz, Oppenheimer, Stewart-Cousins
Ayes W/R (9): Hannon, Little, Saland, Krueger, Dilan, Gianaris, Peralta, Rivera, Stavisky
Nays (5): Duane, Montgomery, Parker, Perkins, Squadron
Ayes (40): Addabbo, Alesi, Avella, Ball, Carlucci, Diaz, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Seward, Skelos, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (15): Adams, DeFrancisco, Dilan, Duane, Gianaris, Hassell-Thomps, Krueger, Montgomery, Parker, Peralta, Perkins, Rivera, Savino, Serrano, Squadron
Absent (4): Bonacic, Breslin, Espaillat, Oppenheimer
Excused (3): Farley, Huntley, Smith
TITLE OF BILL: An act to amend the social services law, in relation to authorizing the creation of a deadbeats most wanted list
PURPOSE: Creates a deadbeats most wanted list website to locate those in arrears of child support of more than ten thousand dollars.
SUMMARY OF PROVISIONS: A new section 111-w of the social services law is added to require the office of temporary and disability assistance to compile, disclose and publish at regular intervals a deadbeats most wanted list of individuals who are in arrears of their child support obligations under a court or administrative order.
The list would consist of those who are more than ten thousand dollars in arrears. The list shall include the individual's name, physical description, last known address and photograph if available. The list shall be used for the purposes of locating delinquent individuals and shall consist of up to 500 individuals at one time and is to be posted on the OTDA website and made available to local child support collection units.
Prior to the posting of one's information on the website, the OTDA is to attempt to notify the individual about the potential posting and provide him or her with the opportunity to prevent the posting by either paying the child support owed or enter into an agreement with the child support collection agency to make payments.
An individual's information shall he removed from the list upon paying the balance of child support owed, making three consecutive payments as per an agreement with the office, or submission to the office of a certified copy of a court or administrative order stating that the individual is not responsible for the payments.
EXISTING LAW: None.
JUSTIFICATION: Statistics show that in 2009 more than $648 million that was owed to New York's children went uncollected, including $317 million owed to New York City children. This amount uncollected is up $64 million since 2003.
This proposal would require the creation of a new Office of Temporary and Disability Assistance website that would post photographs and identifying information of individuals who are more than $10,000 in arrears on their child support payments. Posting this information would encourage the public to notify authorities regarding the whereabouts of such individuals. In addition, the website would also help pressure more individuals to make good on their payments in order to avoid the potential shame and embarrassment of having such
information made public. Other states, such as Illinois and Delaware, currently utilize such web sites.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: Minimal.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1987 2011-2012 Regular Sessions IN SENATE January 14, 2011 ___________Introduced by Sens. GOLDEN, BONACIC -- 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 deadbeats most wanted list THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The social services law is amended by adding a new section 111-w to read as follows: S 111-W. "DEADBEATS MOST WANTED LIST"; WEBSITE; COORDINATED ARRESTS. 1. DEFINITIONS. AS USED IN THIS SECTION: (A) "OFFICE" MEANS THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE; AND (B) "COMMISSIONER" MEANS THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE. 2. THE DEPARTMENT, THROUGH THE OFFICE, SHALL COMPILE, AND SHALL DISCLOSE AND PUBLISH AT REGULAR INTERVALS A "DEADBEATS MOST WANTED LIST", COMPRISED OF INDIVIDUALS WHO ARE IN ARREARS IN THEIR CHILD SUPPORT OBLIGATIONS UNDER A COURT OR ADMINISTRATIVE ORDER. THE LIST SHALL INCLUDE ONLY THOSE PERSONS WHO ARE IN ARREARS IN AN AMOUNT GREATER THAN TEN THOUSAND DOLLARS, SUCH OTHER AMOUNT AS ESTABLISHED FROM TIME TO TIME BY THE COMMISSIONER, AND SHALL SET FORTH IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO, THE NAME AND LAST KNOWN ADDRESS OF THE INDIVIDUAL OWING THE ARREARAGE, A PHYSICAL DESCRIPTION OF SUCH INDIVID- UAL AND A PHOTOGRAPH OF THE INDIVIDUAL IF AVAILABLE, THE INDIVIDUAL'S OCCUPATION, THE AMOUNT OF ANY CHILD SUPPORT ARREARAGE, THE NUMBER OF CHILDREN FOR WHOM SUPPORT IS OWED, AND ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE OFFICE. THE LIST SHALL NOT EXCEED FIVE HUNDRED INDI- VIDUALS AT ANY GIVEN TIME. 3. THE "DEADBEATS MOST WANTED LIST" SHALL BE MADE AVAILABLE BY THE OFFICE THROUGH ITS WEBSITE, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND DISSEMINATION AT EACH FACILITY OF THE OFFICE, INCLUDING BUT NOT LIMITED TO, THE OFFICE OF EACH SUPPORT COLLECTION UNIT. NOTHING IN THISEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04276-01-1 S. 1987 2
SECTION SHALL PROHIBIT OTHER PUBLICATION OF THE LIST AS DIRECTED BY THE COMMISSIONER. 4. THE LIST SHALL BE USED FOR THE PURPOSES OF LOCATING DELINQUENT INDIVIDUALS AND ASSISTING WITH THE ENFORCEMENT OF ORDERS DIRECTING THE PAYMENT OF SUPPORT, AND FOR SUCH OTHER PURPOSES AS THE COMMISSIONER DEEMS APPROPRIATE. 5. AT LEAST NINETY DAYS PRIOR TO THE DISCLOSURE OF AN INDIVIDUAL'S INFORMATION ON THE LIST, THE OFFICE SHALL MAIL A WRITTEN NOTICE TO THE INDIVIDUAL BY CERTIFIED MAIL ADDRESSED TO THE INDIVIDUAL'S LAST KNOWN HOME ADDRESS. THE NOTICE SHALL DETAIL THE AMOUNT OF THE ARREARAGE AND THE OFFICE'S INTENT TO DISCLOSE THE ARREARAGE. IF THE ARREARAGE IS NOT PAID IN FULL WITHIN NINETY DAYS AFTER THE NOTICE WAS DELIVERED TO THE INDIVIDUAL OR THE OFFICE HAS BEEN NOTIFIED THAT DELIVERY WAS REFUSED OR OTHERWISE NOT SUCCESSFUL, AND THE INDIVIDUAL HAS NOT, SINCE THE MAILING OF THE NOTICE, ENTERED INTO A WRITTEN AGREEMENT WITH THE OFFICE FOR PAYMENT OF THE ARREARAGE OR HAS ENTERED INTO A WRITTEN AGREEMENT WITH THE OFFICE FOR PAYMENT OF THE ARREARAGE, THE OFFICE MAY DISCLOSE THE INDIVIDUAL'S ARREARAGE UNDER SUBDIVISION TWO OF THIS SECTION. 6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION, INFORMATION CONCERNING AN INDIVIDUAL IN ARREARS IN HIS OR HER CHILD SUPPORT OBLIGATIONS UNDER A COURT OR ADMINISTRATIVE ORDER IS NOT SUBJECT TO DISCLOSURE UNDER SUBDIVISION TWO OF THIS SECTION IF: (A) A WRITTEN AGREEMENT FOR PAYMENT EXISTS BETWEEN THE INDIVIDUAL AND THE OFFICE, OR (B) THE ARREARAGE IS THE SUBJECT OF AN ADMINISTRATIVE HEARING, ADMINIS- TRATIVE REVIEW, OR JUDICIAL REVIEW. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, IF AN INDIVIDUAL FAILS TO COMPLY IN FULL WITH AN AGREE- MENT MADE BETWEEN THE INDIVIDUAL AND THE OFFICE, THE OFFICE MAY PLACE THE INDIVIDUAL'S INFORMATION ON THE LIST AGAIN WITHOUT BEING REQUIRED TO GIVE NOTICE AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION. 7. AN INDIVIDUAL'S INFORMATION SHALL BE REMOVED FROM THE WEBSITE UPON: (A) FULL PAYMENT OF THE ARREARAGE; (B) PAYMENT OF THREE CONSECUTIVE PAYMENTS MADE UNDER AN AGREEMENT BETWEEN THE INDIVIDUAL AND THE OFFICE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION; OR (C) SUBMISSION TO THE OFFICE OF A CERTIFIED COPY OF A COURT OR ADMINISTRATIVE ORDER DIRECTING THAT THE INDIVIDUAL IS NOT RESPONSIBLE FOR THE PAYMENTS COMPRISING THE ARREARAGE. SUCH INFORMATION SHALL BE REMOVED FROM PRINTED VERSIONS OF THE LIST AT THE TIME OF THE NEXT PRINTING OF SUCH VERSION. 8. A DISCLOSURE MADE BY THE OFFICE IN A GOOD FAITH EFFORT TO COMPLY WITH THIS SECTION SHALL NOT BE CONSIDERED A VIOLATION OF ANY CONFIDEN- TIALITY LAWS. 9. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE DEEMS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION. S 2. Section 111-v of the social services law is amended by adding a new subdivision 6 to read as follows: 6. THE DISCLOSURE OR PUBLICATION OF INFORMATION ON THE DELINQUENT OBLIGOR'S SUPPORT LIST AND WEBSITE, AS PROVIDED IN SECTION ONE HUNDRED ELEVEN-W OF THIS TITLE SHALL NOT BE CONSTRUED TO BE A VIOLATION OF THE PROVISIONS OF THIS SECTION. S 3. This act shall take effect immediately.