BILL NUMBER:S3814A

TITLE OF BILL:

An act to amend the social services law, in relation to authorizing
the creation of a list of parents with child support arrears

PURPOSE:

Creates a list of parents with child support arrears available through
a secure web portal to employers who show proof of identity and proof
of employment of the person who owes arrears to help locate those in
arrears of child support of more than ten thousand dollars.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends the Social Services Law to add a new
section 111-w. This section requires the Office of Temporary and
Disability Assistance ("OTDA") to compile, disclose and publish at
regular intervals a list of parents with child support arrears in
excess of 10,000 dollars.

Subdivision 1 of new section 111-w of the Social Services Law provides
definitions for the section.

Subdivision 2 of new section 111-w of the Social Services Law provides
              

that the office shall compile, disclose and publish a list of parents
with child support arrears on a quarterly basis at regular intervals.
Individuals on this list would be those who are in arrears of child
support obligations under a court or administrative order in excess of
$10,000, unless the Commissioner establishes a different amount.  The
list shall provide identifying information including the name and last
known address of the individual, a physical description of the
individual, a photograph 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 appropriate information identified
by OTDA.

Subdivision 3 of new section 111-w of the Social Services Law provides
that the list shall be available by OTDA through its website, but
access will be limited to employers subject to tax withholding
requirements, and the employee in charge of administering payroll for
the employer. The list will also be available for inspection at each
OTDA facility Before such access is granted to the employer, the
employer must furnish proof of identity and proof that the person who
is in arrears is currently employed by the employer Before such access
is granted to the employee in charge of administering payroll for the
employer, that employee must also furnish an authorization from the
employer, proof of identity, and proof that the person who is in
arrears is currently employed by the employer.

Subdivision 4 of new section 111-w of the Social Services Law provides
that the purpose of the list is to locate delinquent individuals an
assist with the enforcement of support payment orders.

Subdivision 5 of new section 111-w of the Social Services Law provides
that OTDA must make an effort to notify the individual who will be


posted on the list 90 days prior to the individual's inclusion on the
list. This can be done by certified mail addressed to the individual's
last known home address, and the notice will detail the amount owed
and OTDA's intent to disclose the arrearage to the authorized employer
and to the employee in charge of administering payroll for the
employer. If the arrearage is not paid in full within 90 days of
notification or there is notification that delivery was otherwise
unsuccessful, and the individual has not otherwise entered into an
agreement to pay the arrearage with OTDA, the office shall disclose
the individual's arrearage on the list.

Subdivision 6 of new section 111-w of the Social Services Law provides
when the individual may not be included on the list. This includes
that there's a written agreement for payment between the individual
and OTDA, or the arrearage is the subject of an administrative
hearing, administrative review, or judicial review. If an individual
fails to comply in full with an agreement to pay, then they can be
placed on the list again without having to be notified.

Subdivision 7 of new section 111-w of the Social Services Law provides
for when an individual's information may be removed from the list. It
can be removed after full payment of the arrearage, payment of 3
consecutive payments made under a written agreement between the
individual and OTDA, or submission to OTDA of a certified copy of a
court or administrative order directing that the individual is not
responsible for the payments of the arrearage. The individual's
information will be removed from the list no later than 10 business
days after receiving this information.

Subdivision 8 of new section 111-w of the Social Services Law provides
that a disclosure made by OTDA in a good faith effort to comply with
this section will not be considered a violation of any confidentiality
laws.

Subdivision 9 of new section 111-w of Social Services Law provides
that the commissioner of OTDA may promulgate necessary rules and
regulations in order to effectuate this section.

Section 2 of this bill amends section 111-v of the Social Services Law
to add a new subdivision 6 that provides that disclosure or
publication of information on this list and on the website shall not
be construed as a violation of confidentiality.

Section 3 of this bill provides that this act shall take effect
immediately.

EXISTING LAW:

None

JUSTIFICATION:

The statistics show that as of the end of federal fiscal year,
nationwide financially delinquent parents owed a total of $114.6
billion. The Office of Temporary and Disability Assistance estimates
that New York non-custodial parents make up 5.4% of the nation's total


outstanding payments, meaning New Yorkers owe almost $6.2 billion in
outstanding child support payments.

Even though there are numerous tools available to enforce child
support orders and collect arrears, many people are owed back child
support. This bill would provide another tool for the collection of
these arrears. Limiting list access to employers serves two purposes.
First, it protects the affected children because the risk that a child
will discover that his or her parent is on the list is low.

Second, when a person assumes a different name or variation of his or
her name, an employer may be able to identify an employee from his or
her photograph on the list.

Lists similar to the list that OTDA would be required to create are
already in use in this country. As part of Project Save Our Children,
the Office of Inspector General for the United States Department of
Health & Human Services currently publishes a list of "Deadbeat
Parents" that includes, among other things, the names, addresses,
arrear amounts, birthdates, possible whereabouts and photographs.
Additionally, similar information is published on the Internet by a
company that, for a fee, will engage in activities to locate a person
with child support arrears and collect the arrears.

A few states have already enacted legislation that enables similar
lists to be posted on the appropriate state agency website dealing
with child support collection. These lists have less protection than
proposed in this bill because all the information is publicly
available and searchable on those agency websites. Some states that
have enacted statewide lists are Washington, Indiana, Oklahoma,
Georgia, Arizona, Louisiana, Illinois and Delaware. Other states allow
counties to individually post such lists.

This legislation creates another important tool to track down parents
delinquent on excessive child support payments, and provides greater
protections for those delinquent parents than other states.

LEGISLATIVE HISTORY:

2014: S.4114-A - Referred to Social Services
2013: S.4114 - Referred to Social Services
2012: S.1987 - Passed the Senate
2011: S.1987 - Referred to Social Services
2010: S.7173 - Referred to Social Services

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect immediately.