NY State Senate Bill 2009-S7058

Senate Bill S7058

2009-2010 Legislative Session

Establishes procedures for obtaining information on persons delinquent in child support payments and allows motor vehicle registration suspensions

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Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2010	referred to social services

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2009-S7058 (ACTIVE) - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §§111-s & 111-b, Soc Serv L; amd §244-b, Dom Rel L; amd §§458-a & 454, Fam Ct Act; amd §510, V & T L

2009-S7058 (ACTIVE) - Summary

Establishes procedures for obtaining from phone companies information regarding individuals who are delinquent in child support payments and provides for the suspension of motor vehicle registrations for non-payment of child support obligations.

2009-S7058 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7058

 TITLE OF BILL :
An act to amend the social services law, in relation to establishing
procedures for obtaining from phone companies information regarding
individuals who are delinquent in child support payments; and to amend
the social services law, the domestic relations law, the family court
act and the vehicle and traffic law, in relation to providing for the
suspension of motor vehicle registrations for non-payment of child
support obligations


 PURPOSE :
This bill adds providers of mobile, cellular or satellite telephone
services telephone to the list of companies that may be served an
administrative subpoena.

 SUMMARY OF PROVISIONS :
Section 1 amends section 111-s of the social services law to add
providers of mobile, cellular or satellite telephone services to the
list of companies that may be served an administrative subpoena.

Specifies information needed by an agency to request information by a
cellular phone company.

Establishes procedures for the office of temporary and disability

assistance to obtain information from cellular phone companies in
order to establish the whereabouts of someone who is delinquent in
child support and cannot be located.

Requires that any information obtained through such procedures shall
be confidential and only used for child support enforcement purposes.

Allows the cellular phone companies to charge a fee to the agency for
the actual cost of performing the records search.

Requires the commissioner of the office of temporary and disability
assistance to promulgate the necessary rules and regulations.

Sections 2-5 amend the social services law, the domestic relations
law, the family court law and the vehicle and traffic law by allowing
for the suspension of motor vehicle registration for child support
enforcement purposes.

 EXISTING LAW :
Existing law allows for administrative subpoenas to be issued for
telephone records and other utility records, but does not specify
cellular or mobile service phone records.  Currently, an individual's
driving privileges may be suspended for purposes of child support
enforcement but provisions are not made with regard to vehicle
registration.

 JUSTIFICATION :
The amount of unpaid child support in New York State is nearly $650
million. While a number of enforcement mechanisms have been given to
child support collection agencies over the years, the fact that fewer
people have landline telephones today makes it more difficult to track
nonpayers. Other states have found that a way to locate the
whereabouts of nonpaying parents is through the use of cellular phone
records. In Virginia they found 840 new data matches per year, and
about 400 of these people are now paying their child support as a
result of the program. In a state like New York this number would
likely be much higher. This legislation would allow child support
collection agencies to issue administrative subpoenas to telephone
service providers to locate nonpayers.

Currently, New York suspends the licenses of individuals who are
behind in child support payments. However, while license suspension
can be a useful tool, law enforcement tell us that many unlicensed
individuals continue driving for years without being detected. The
suspension of a car's registration would make it far more difficult to
evade law enforcement. In addition to cars, this provision would allow
for the registration suspension of all vehicles registered in New
York, including trucks, ATV's, motorcycles and boats.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
Minimal if any to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S7058 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7058

                            I N  S E N A T E

                             March 10, 2010
                               ___________

Introduced  by  Sens.  PADAVAN,  GOLDEN, LANZA -- 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 establishing
  procedures for obtaining from phone  companies  information  regarding
  individuals who are delinquent in child support payments; and to amend
  the  social services law, the domestic relations law, the family court
  act and the vehicle and traffic law, in relation to providing for  the
  suspension  of  motor  vehicle  registrations for non-payment of child
  support obligations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (i)  of  paragraph (b) of subdivision 1 and
subdivision 2 of section 111-s of the social services law, as  added  by
chapter  398 of the laws of 1997, are amended and a new subdivision 3 is
added to read as follows:
  (i) pursuant to an administrative subpoena authorized by  section  one
hundred eleven-p of this title, the names, addresses, telephone numbers,
SOCIAL  SECURITY NUMBERS and dates of birth of such individuals, and the
names and addresses of the employers of such individuals,  as  appearing
in  customer  records  of  public  utilities companies and corporations,
including, but not limited to, cable television, gas,  electric,  steam,
and  telephone  companies and corporations, as defined in section two of
the public service law, doing business within the state of New York, AND
PROVIDERS OF  MOBILE,  CELLULAR  OR  SATELLITE  TELEPHONE  SERVICES  AND
PROVIDERS  OF  ELECTRONIC  DIGITAL PAGER COMMUNICATION DOING BUSINESS IN
THE STATE; and
  2. Notwithstanding any other provision of law  to  the  contrary,  any
government  or  private entity to which a request for access to informa-
tion is directed pursuant to [subdivision one] THE  PROVISIONS  of  this
section, is authorized and required to comply with such request.  To the
extent  feasible,  access  to  such  information  shall be requested and
provided using automated systems.   Any  government  or  private  entity
which discloses information pursuant to this section shall not be liable

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16299-01-0

S. 7058                             2

under any federal or state law to any person for such disclosure, or for
any other action taken in good faith to comply with this subdivision.
  3.  (A)  ADMINISTRATIVE  SUBPOENAS  SERVED  ON TELEPHONE CORPORATIONS,
PROVIDERS OF  MOBILE,  CELLULAR  OR  SATELLITE  TELEPHONE  SERVICES  AND
PROVIDERS  OF  ELECTRONIC  DIGITAL PAGER COMMUNICATION PURSUANT TO PARA-
GRAPH (B) OF SUBDIVISION ONE OF THIS SECTION MAY REQUIRE  THE  PROVISION
OF INFORMATION PERTAINING TO MORE THAN ONE INDIVIDUAL. FOR EACH INDIVID-
UAL  AS  TO  WHOM  INFORMATION  IS SOUGHT, THE SUBPOENA SHALL SPECIFY AT
LEAST THREE OF THE FOLLOWING DATA ELEMENTS REGARDING THE INDIVIDUAL:
  (I) FIRST AND LAST NAME, AND MIDDLE INITIAL, IF KNOWN;
  (II) SOCIAL SECURITY NUMBER;
  (III) DRIVER'S LICENSE NUMBER;
  (IV) BIRTH DATE;
  (V) LAST KNOWN ADDRESS;
  (VI) SPOUSE'S NAME.
  (B) SUBPOENAS ISSUED PURSUANT TO THIS SUBDIVISION MAY  BE  TRANSMITTED
ELECTRONICALLY IN SUCH FORM AS DETERMINED BY THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE. THE TRANSMITTAL SHALL BE DEEMED TO BE AN ADMINIS-
TRATIVE  SUBPOENA  AUTHORIZED  BY  SECTION  ONE HUNDRED ELEVEN-P OF THIS
TITLE.
  (C) THE DEPARTMENT AND THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
ANCE  SHALL  CONSULT  WITH  THE  INTENDED RECIPIENTS OF SUBPOENAS ISSUED
PURSUANT TO THIS SUBDIVISION FOR THE PURPOSE OF DEVELOPING AN  AUTOMATED
DATA MATCHING SYSTEM WHEREBY INFORMATION PROVIDED IN RESPONSE TO SUBPOE-
NAS  COULD  BE  PROVIDED  ELECTRONICALLY.  ALL  TELEPHONE  CORPORATIONS,
PROVIDERS OF  MOBILE,  CELLULAR  OR  SATELLITE  TELEPHONE  SERVICES  AND
PROVIDERS  OF  ELECTRONIC  DIGITAL PAGER COMMUNICATION DOING BUSINESS IN
THIS STATE SHALL COOPERATE IN  THE  DEVELOPMENT  OF  SUCH  SYSTEM.  UPON
IMPLEMENTATION  OF  THE  AUTOMATED  SYSTEM,  ALL  RESPONSES TO SUBPOENAS
ISSUED PURSUANT TO THIS SUBDIVISION SHALL UTILIZE THE SYSTEM.
  (D) INFORMATION OBTAINED UNDER THIS SUBDIVISION SHALL BE  CONFIDENTIAL
AND SHALL NOT BE DISCLOSED TO PERSONS OR AGENCIES OTHER THAN THOSE ENTI-
TLED TO SUCH INFORMATION WHEN SUCH DISCLOSURE IS NECESSARY FOR THE PROP-
ER  ADMINISTRATION  OF THE CHILD SUPPORT ENFORCEMENT PROGRAM PURSUANT TO
THIS TITLE. THE OFFICE OF  TEMPORARY  AND  DISABILITY  ASSISTANCE  SHALL
ENSURE  THAT  CUSTOMER  SERVICE  INFORMATION  SUPPLIED  PURSUANT TO THIS
SUBDIVISION IS APPLICABLE TO THE INDIVIDUAL WHO IS BEING  SOUGHT  BEFORE
RELEASING THE INFORMATION.
  (E)  THE  RECIPIENT  OF  A  SUBPOENA  PURSUANT TO THIS SUBDIVISION MAY
CHARGE A FEE TO THE OFFICE OF TEMPORARY AND  DISABILITY  ASSISTANCE  FOR
EACH  SEARCH  PERFORMED PURSUANT TO THIS SUBDIVISION TO COVER THE ACTUAL
COSTS TO THE RECIPIENT FOR PROVIDING THIS INFORMATION.
  (F) THE COMMISSIONER OF  TEMPORARY  AND  DISABILITY  ASSISTANCE  SHALL
PROMULGATE  SUCH  RULES  AND REGULATIONS AS HE OR SHE DEEMS NECESSARY TO
GIVE EFFECT TO THE PROVISIONS OF THIS SUBDIVISION.
  S 2. Subdivision 12 of section 111-b of the social  services  law,  as
added by chapter 81 of the laws of 1995, subparagraph 1 of paragraph (b)
as  amended  by  chapter  624  of the laws of 2002, and paragraph (d) as
amended by chapter 309 of the laws  of  1996,  is  amended  to  read  as
follows:
  12. (a) The department, through the commissioner, shall enter into the
agreement  provided  for  in section five hundred ten of the vehicle and
traffic law and is authorized to furnish to the  commissioner  of  motor
vehicles  such  information and to take such actions as may be necessary
to carry out the  agreement  provided  for  in  such  section,  for  the

S. 7058                             3

enforcement of child support orders through the suspension of delinquent
obligors' driving privileges OR PRIVILEGE TO REGISTER A MOTOR VEHICLE.
  (b)  (1)  When  a support obligor who is or was under a court order to
pay child support or combined child and spousal  support  to  a  support
collection unit on behalf of persons receiving services under this title
has accumulated support arrears equivalent to or greater than the amount
of  support  due pursuant to such order for a period of four months, the
office of temporary and disability assistance shall notify  the  support
obligor  in writing that his or her continued failure to pay the support
arrears shall result in notification to the department of motor vehicles
to suspend the support obligor's  driving  privileges  OR  PRIVILEGE  TO
REGISTER  A  MOTOR  VEHICLE unless the support obligor complies with the
requirements set  forth  in  paragraph  (e)  of  this  subdivision.  For
purposes  of  determining  whether  a  support  obligor  has accumulated
support arrears equivalent to or greater than the amount of support  due
for  a  period  of  four  months, the amount of any retroactive support,
other than periodic payments of retroactive support which are past  due,
shall  not be included in the calculation of support arrears pursuant to
this section; however, if at least four months of support  arrears  have
accumulated subsequent to the date of the court order, the entire amount
of  any  retroactive support may be collected pursuant to the provisions
of this subdivision or as otherwise authorized by law.
  (2) The department shall provide the notice required  by  subparagraph
one  of this paragraph by first class mail to the support obligor's last
known address or such other place where the support obligor is likely to
receive notice, or in the same  manner  as  a  summons  may  be  served.
Forty-five  days  after  the date of such notice, if the support obligor
has not challenged the determination  of  the  support  collection  unit
pursuant  to subparagraph one of paragraph (d) of this subdivision or if
the support obligor has failed to satisfy the arrears/past  due  support
or  to otherwise comply with the requirements set forth in paragraph (e)
of this subdivision, the department shall notify the department of motor
vehicles that the support obligor's driving privileges OR  PRIVILEGE  TO
REGISTER  A  MOTOR  VEHICLE are to be suspended pursuant to section five
hundred ten of the vehicle and traffic law. Upon the  support  obligor's
compliance with the provisions of paragraph (e) of this subdivision, the
department  shall  advise  the  department of motor vehicles within five
business days that the suspension of the support obligor's driving priv-
ileges OR PRIVILEGE TO REGISTER A MOTOR VEHICLE shall be terminated.  If
the  support obligor appears in person at the support collection unit to
satisfy the requirements of  paragraph  (e)  of  this  subdivision,  the
support collection unit shall immediately provide a notice of compliance
to  the  support obligor, in addition to the notice sent directly to the
department of motor vehicles.
  (3) Notwithstanding the requirements of this  subdivision,  no  notice
shall  be  issued by the department pursuant to subparagraph one of this
paragraph to a support obligor from  whom  support  payments  are  being
received  by  the  support  collection  unit  as  a  result of an income
execution or an income deduction order issued pursuant to  section  five
thousand two hundred forty-one or five thousand two hundred forty-two of
the civil practice law and rules.
  (c)  The notice provided to a support obligor by the department pursu-
ant to paragraph (b) of this subdivision shall contain  the  caption  of
the  order  of  support,  the date the order of support was entered, the
court in which it was entered,  the  amount  of  the  periodic  payments

S. 7058                             4

directed,  and  the amount of arrears/past due support. In addition, the
notice shall include:
  (1) an explanation of the action required pursuant to paragraph (e) of
this subdivision to be taken by the support obligor to avoid the suspen-
sion  of  his or her driving privileges OR PRIVILEGE TO REGISTER A MOTOR
VEHICLE;
  (2) a statement that forty-five days after the date of the notice, the
department of motor vehicles will be notified  to  suspend  the  support
obligor's  driving  privileges  OR PRIVILEGE TO REGISTER A MOTOR VEHICLE
unless the support obligor may challenge the support  collection  unit's
determination  as  set forth in paragraph (d) of this subdivision within
forty-five days of the date of such notice; a statement of the manner in
which the support obligor may challenge the determination, and a  state-
ment  that if the support obligor challenges the determination, a review
will be completed by the support  collection  unit  within  seventy-five
days of the date of the notice;
  (3)  a  statement  that  if the support obligor does not challenge the
support collection unit's determination then  the  department  of  motor
vehicles  shall  be  notified  to  suspend the support obligor's driving
privileges OR PRIVILEGE TO REGISTER A MOTOR VEHICLE unless  the  support
obligor contacts the support collection unit to arrange for full payment
or commencement of satisfactory payment arrangements on the arrears/past
due  support,  or to comply otherwise with the requirements set forth in
paragraph (e) of this subdivision, within forty-five days of the date of
the notice;
  (4) the address and telephone number of the  support  collection  unit
that  the  support  obligor  may  contact to request information about a
challenge or to comply with the requirements set forth in paragraph  (e)
of this subdivision;
  (5) a statement that the suspension of driving privileges OR PRIVILEGE
TO REGISTER A MOTOR VEHICLE will continue until the support obligor pays
the  support  arrears  or  complies  otherwise with the requirements set
forth in paragraph (e) of this subdivision; and
  (6) a statement printed in boldface type that  the  support  obligor's
intentional  submission  of  false  written  statements  to  the support
collection unit for the purpose of frustrating or defeating  the  lawful
enforcement  of  support  obligations  is punishable pursuant to section
175.35 of the penal law.
  (d) (1) A support obligor may challenge in writing the correctness  of
the  determination  of  the  support  collection unit that the obligor's
driving privileges OR PRIVILEGE TO REGISTER A MOTOR  VEHICLE  should  be
suspended,  and  in  support  of  the challenge may submit documentation
demonstrating mistaken identity, error in calculation of arrears, finan-
cial exemption  from  license  suspension  pursuant  to  the  conditions
enumerated  in  paragraph  (e)  of  this  subdivision, the absence of an
underlying court order to support such determination,  or  other  reason
that the person is not subject to such determination. Such documents may
include  but  are not limited to a copy of the order of support pursuant
to which the obligor claims to have made payment, other  relevant  court
orders,  copies  of cancelled checks, receipts for support payments, pay
stubs or other documents identifying  wage  withholding,  and  proof  of
identity.  The  support  collection  unit shall review the documentation
submitted by the support obligor, shall  adjust  the  support  obligor's
account  if  appropriate,  and  shall  notify the support obligor of the
results of the review initiated in  response  to  the  challenge  within
seventy-five  days from the date of the notice required by paragraph (b)

S. 7058                             5

of this subdivision. If the support collection unit's  review  indicates
that  the  determination  to  suspend driving privileges OR PRIVILEGE TO
REGISTER A MOTOR VEHICLE was correct, the support collection unit  shall
notify  the  support  obligor  of the results of the review and that the
support obligor has thirty-five days from the date of  mailing  of  such
notice  to satisfy the full amount of the arrears or commence payment of
the arrears/past due support as  specified  in  paragraph  (e)  of  this
subdivision  and  if  the  support  obligor  fails to do so, the support
collection unit shall notify the department of motor vehicles to suspend
the support obligor's driving privileges  OR  PRIVILEGE  TO  REGISTER  A
MOTOR  VEHICLE  pursuant  to section five hundred ten of the vehicle and
traffic law. The support obligor shall be further notified that  if  the
support  obligor files objections with the family court and serves these
objections on the support collection unit within thirty-five  days  from
the  date  of  mailing  of  the notice denying the challenge pursuant to
subdivision five of section four hundred fifty-four of the family  court
act,  the  support  collection  unit  shall not notify the department of
motor vehicles to suspend the support obligor's  driving  privileges  OR
PRIVILEGE  TO REGISTER A MOTOR VEHICLE until fifteen days after entry of
[judgement] JUDGMENT by the family court denying the objections.
  (2) A support obligor may within thirty-five days of  mailing  of  the
notice  denying  his  or  her  challenge  by the support collection unit
request that the family  court  review  the  support  collection  unit's
determination  pursuant  to  subdivision  five  of  section four hundred
fifty-four of the family court act. If the support obligor requests  the
family court to review the determination of the support collection unit,
the  support  collection  unit  shall not notify the department of motor
vehicles to suspend the support obligor's driving privileges  OR  PRIVI-
LEGE  TO  REGISTER A MOTOR VEHICLE until fifteen days after mailing of a
copy of the judgment by the family court to the support obligor  denying
the objections.
  (e)  A support obligor who has received a notice that his or her driv-
ing privileges OR  PRIVILEGE  TO  REGISTER  A  MOTOR  VEHICLE  shall  be
suspended may avoid the suspension by:
  (1) making full payment of all arrears/past due support to the support
collection unit; or
  (2)   making   satisfactory  payment  arrangements  with  the  support
collection unit for payment of the  arrears/past  due  support  and  the
current  support  obligation.  "Satisfactory payment arrangements" shall
mean:
  (i) execution of a confession of judgment for the total balance of the
arrears/past due support; and
  (ii) execution of  a  verified  statement  of  net  worth  on  a  form
prescribed  by  the commissioner setting forth the obligor's income from
all sources, liquid assets and holdings, copies of the obligor's drivers
license, most recent federal and state tax return, and a  representative
pay stub, and an eighteen month employment history; and
  (iii)  execution  and  verification  of a stipulation that the obligor
will notify the support collection unit of all future changes of address
until such time as the obligation to pay support is terminated; and
  (iv) payment of support to  the  support  collection  unit  by  income
execution pursuant to section five thousand two hundred forty-one of the
civil  practice law and rules, which shall include deductions sufficient
to ensure compliance with the direction in  the  order  of  support  and
shall  include  an  additional  amount to be applied to the reduction of
arrears as required by subdivision (b) of such section, or by  execution

S. 7058                             6

of  an  agreement  for  payment  of the arrears/past due support and any
current support directly to the support collection  unit  in  an  amount
which  is  consistent with that which would have been made under such an
income execution; provided however, that where the support obligor fails
to  comply with the agreement, he/she may avoid or terminate the suspen-
sion of driving privileges OR PRIVILEGE TO REGISTER A MOTOR VEHICLE only
by making at least fifty percent payment of all arrears/past due support
to the support collection unit and in addition, entering into a  payment
plan pursuant to this subdivision with the support collection unit with-
in fifteen days.  However, in any case when the support obligor fails to
comply  with  a  payment  plan as described herein more than once within
twelve months, the obligor must pay the balance of all arrears/past  due
support to avoid or terminate license suspension OR REGISTRATION SUSPEN-
SION.    "Failure  to  comply"  for  these  purposes  shall mean missing
payments in an amount equivalent to four months  of  support  under  the
payment plan, unless the support obligor demonstrates that he or she has
filed a petition for modification that is pending; or
  (3)  providing documentation that shows the support obligor is receiv-
ing public assistance or supplemental security income; or
  (4)  providing  to  the  support  collection  unit  the  documentation
required  by clauses (i) through (iii) of subparagraph two of this para-
graph, where such documentation is sufficient for the support collection
unit to determine:
  (i) that the support obligor's income, as defined by subparagraph five
of paragraph (b) of subdivision one of section four hundred thirteen  of
the family court act, falls below the self-support reserve as defined by
subparagraph  six  of  paragraph  (b) of subdivision one of section four
hundred thirteen of the family court act; or
  (ii) that the amount of the support obligor's income,  as  defined  by
subparagraph  five  of  paragraph (b) of subdivision one of section four
hundred thirteen of the family court act, remaining after the payment of
the current support obligation would fall below the self-support reserve
as defined by subparagraph six of paragraph (b) of  subdivision  one  of
section four hundred thirteen of the family court act.
  (f)  A  support  obligor  who  alleges that he or she has not received
actual notice pursuant to paragraph  one  of  subdivision  (b)  of  this
section  and  whose  driving privileges OR PRIVILEGE TO REGISTER A MOTOR
VEHICLE were suspended may at any time  request  a  review  pursuant  to
subdivision  (d)  of  this  section  or  comply with the requirements of
subdivision (e) of this section, and upon a determination that he or she
has not accumulated support arrears equivalent to or  greater  than  the
amount  of  support  due  for  a period of four months or that he or she
meets the requirements of subdivision (e) of this section,  the  depart-
ment  shall  notify the department of motor vehicles that the suspension
of driving privileges shall be terminated.
  S 3. Section 244-b of the domestic relations law, as added by  chapter
81  of  the  laws  of  1995,  the section heading and subdivision (c) as
amended, subdivision (b) as added and subdivision (d) as  relettered  by
chapter  398 of the laws of 1997 and subdivision (a) as amended by chap-
ter 624 of the laws of 2002, is amended to read as follows:
  S 244-b. Child support proceedings and enforcement of arrears; suspen-
sion of driving privileges AND MOTOR VEHICLE REGISTRATION.  (a)  In  any
proceeding for the enforcement of a direction or agreement, incorporated
in  a  judgment  or  order,  to pay any sum of money as child support or
combined child and spousal support, if the court is satisfied by  compe-
tent  proof  that  the respondent has accumulated support arrears equiv-

S. 7058                             7

alent to or greater than the amount of  support  due  pursuant  to  such
judgment  or  order for a period of four months, the court may order the
department of motor vehicles to suspend the respondent's driving  privi-
leges  OR  MOTOR  VEHICLE  REGISTRATION,  and  if such order issues, the
respondent  may  apply  to  the  department  of  motor  vehicles  for  a
restricted  use  license  pursuant to section five hundred thirty of the
vehicle and traffic law.   IF THE  RESPONDENT  HAS  ACCUMULATED  SUPPORT
ARREARS EQUIVALENT TO OR GREATER THAN THE AMOUNT OF SUPPORT DUE PURSUANT
TO  COURT  ORDER  FOR  A  PERIOD OF FOUR MONTHS, THE COURT MAY ORDER THE
DEPARTMENT OF MOTOR VEHICLES TO SUSPEND THE REGISTRATION OF THE RESPOND-
ENT'S MOTOR VEHICLE. The court may at any time upon payment  of  arrears
or  partial payment of arrears by the respondent order the department of
motor vehicles to terminate the suspension of respondent's driving priv-
ileges OR MOTOR VEHICLE REGISTRATION. For purposes of determining wheth-
er a support obligor has accumulated support arrears  equivalent  to  or
greater  than the amount of support due for a period of four months, the
amount of any retroactive  support,  other  than  periodic  payments  of
retroactive  support  which  are  past due, shall not be included in the
calculation of support arrears pursuant to this section.
  (b) If the respondent, after receiving appropriate  notice,  fails  to
comply  with  a  summons, subpoena or warrant relating to a paternity or
child support proceeding, the court may order the  department  of  motor
vehicles  to  suspend the respondent's driving privileges OR SUSPEND THE
RESPONDENT'S MOTOR VEHICLE REGISTRATION.   The  court  may  subsequently
order  the  department  of motor vehicles to terminate the suspension of
the respondent's driving privileges OR THE SUSPENSION  OF  THE  RESPOND-
ENT'S  MOTOR  VEHICLE  REGISTRATION;  however, the court shall order the
termination of such suspension when the  court  is  satisfied  that  the
respondent has fully complied with all summonses, subpoenas and warrants
relating to a paternity or child support proceeding.
  (c)  The provisions of subdivision (a) of this section shall not apply
to:
  (i) respondents who are receiving public  assistance  or  supplemental
security income; or
  (ii) respondents whose income as defined by subparagraph five of para-
graph  (b)  of  subdivision  one-b  of section two hundred forty of this
[chapter] ARTICLE falls below the self-support  reserve  as  defined  by
subparagraph  six  of  paragraph (b) of subdivision one-b of section two
hundred forty of this [chapter] ARTICLE; or
  (iii) respondents whose income as  defined  by  subparagraph  five  of
paragraph  (b) of subdivision one-b of section two hundred forty of this
[chapter] ARTICLE remaining after the payment  of  the  current  support
obligation  would  fall  below  the  self-support  reserve as defined by
subparagraph six of paragraph (b) of subdivision one-b  of  section  two
hundred forty of this [chapter] ARTICLE.
  (d)  The  court's discretionary decision not to suspend driving privi-
leges OR MOTOR VEHICLE REGISTRATION shall  not  have  any  res  judicata
effect  or  preclude any other agency with statutory authority to direct
the department of motor vehicles to suspend driving privileges OR  MOTOR
VEHICLE REGISTRATION.
  (E)  AS  USED  IN THIS SECTION, "MOTOR VEHICLE" SHALL HAVE THE MEANING
SET FORTH IN SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND  TRAFFIC
LAW.
  S  4. Section 458-a of the family court act, as added by chapter 81 of
the laws of 1995, subdivision (a) as amended by chapter 624 of the  laws
of  2002  and  subdivision  (b) as added, subdivision (c) as amended and

S. 7058                             8

subdivision (d) as relettered by chapter 398 of the  laws  of  1997,  is
amended to read as follows:
  S  458-a.  Enforcement of arrears; Suspension of driving privileges OR
MOTOR VEHICLE REGISTRATION.   (a)  If  the  respondent  has  accumulated
support  arrears equivalent to or greater than the amount of support due
pursuant to court order for a period of four months, the court may order
the department of motor vehicles to  suspend  the  respondent's  driving
privileges,  and  if  such order issues, the respondent may apply to the
department of motor vehicles for a restricted use  license  pursuant  to
section  five  hundred  thirty  of  the  vehicle and traffic law. IF THE
RESPONDENT HAS ACCUMULATED SUPPORT ARREARS EQUIVALENT TO OR GREATER THAN
THE AMOUNT OF SUPPORT DUE PURSUANT TO COURT ORDER FOR A PERIOD  OF  FOUR
MONTHS,  THE COURT MAY ORDER THE DEPARTMENT OF MOTOR VEHICLES TO SUSPEND
THE REGISTRATION OF THE RESPONDENT'S MOTOR VEHICLE. The court may at any
time upon payment of arrears  or  partial  payment  of  arrears  by  the
respondent  order  the  department  of  motor  vehicles to terminate the
suspension of respondent's driving privileges OR MOTOR VEHICLE REGISTRA-
TION.  For purposes of determining whether a support obligor has accumu-
lated support arrears equivalent  to  or  greater  than  the  amount  of
support  due  for a period of four months, the amount of any retroactive
support, other than periodic payments of retroactive support  which  are
past  due,  shall  not be included in the calculation of support arrears
pursuant to this section.
  (b) If the respondent, after receiving appropriate  notice,  fails  to
comply  with  a  summons, subpoena or warrant relating to a paternity or
child support proceeding, the court may order the  department  of  motor
vehicles  to  suspend the respondent's driving privileges OR SUSPEND THE
RESPONDENT'S MOTOR VEHICLE REGISTRATION.   The  court  may  subsequently
order  the  department  of motor vehicles to terminate the suspension of
the respondent's driving privileges OR THE SUSPENSION  OF  THE  RESPOND-
ENT'S  MOTOR  VEHICLE  REGISTRATION;  however, the court shall order the
termination of such suspension when the  court  is  satisfied  that  the
respondent  has  fully  complied with the requirements of all summonses,
subpoenas and warrants relating to a paternity or child support proceed-
ing. Nothing in this subdivision shall authorize the court to  terminate
the  respondent's  suspension of driving privileges OR SUSPENSION OF THE
RESPONDENT'S MOTOR VEHICLE  REGISTRATION  except  as  provided  in  this
subdivision.
  (c)  The provisions of subdivision (a) of this section shall not apply
to:
  (i) respondents who are receiving public  assistance  or  supplemental
security income; or
  (ii) respondents whose income as defined by subparagraph five of para-
graph  (b)  of  subdivision one of section four hundred thirteen of this
[act] ARTICLE falls below the self-support reserve as defined by subpar-
agraph six of paragraph (b) of subdivision one of section  four  hundred
thirteen of this [act] ARTICLE; or
  (iii)  respondents  whose  income  as  defined by subparagraph five of
paragraph (b) of subdivision one of section  four  hundred  thirteen  of
this  [act]  ARTICLE  remaining after the payment of the current support
obligation would fall below  the  self-support  reserve  as  defined  by
subparagraph  six  of  paragraph  (b) of subdivision one of section four
hundred thirteen of this [act] ARTICLE.
  (d) The court's discretionary decision not to suspend  driving  privi-
leges  OR  MOTOR  VEHICLE  REGISTRATION  shall not have any res judicata
effect or preclude any other agency with statutory authority  to  direct

S. 7058                             9

the  department of motor vehicles to suspend driving privileges OR MOTOR
VEHICLE REGISTRATION.
  (E)  AS  USED  IN THIS SECTION, "MOTOR VEHICLE" SHALL HAVE THE MEANING
SET FORTH IN SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND  TRAFFIC
LAW.
  S 5. Paragraph (e) of subdivision 2 of section 454 of the family court
act,  as  added by chapter 81 of the laws of 1995, is amended to read as
follows:
  (e) the court may suspend the respondent's driving privileges OR MOTOR
VEHICLE REGISTRATION pursuant to section four hundred  fifty-eight-a  of
this article.
  S 6. Subdivision 4-e of section 510 of the vehicle and traffic law, as
amended  by  chapter  601  of  the  laws  of 2007, is amended to read as
follows:
  4-e. Suspension and disqualification for failure to make child support
payments or failure to comply with a summons, subpoena or warrant relat-
ing to a paternity or child support proceeding. (1) The commissioner, on
behalf of the department, shall enter into a written agreement with  the
commissioner  of  the  office of temporary and disability assistance, on
behalf of the office of temporary and disability assistance, which shall
set forth the procedures for suspending the driving privileges OR  MOTOR
VEHICLE REGISTRATIONS of individuals who have failed to make payments of
child support or combined child and spousal support.
  (2) Such agreement shall include:
  (i)  the  procedure under which the office of temporary and disability
assistance shall notify the department of an individual's liability  for
support arrears;
  (ii) the procedure under which the department shall be notified by the
office  of  temporary  and  disability assistance that an individual has
satisfied or commenced payment of his or her  support  arrears;  or  has
made  satisfactory  payment  arrangements  thereon  and  shall  have the
suspension of his or her driving privileges OR MOTOR  VEHICLE  REGISTRA-
TION terminated;
  (iii) the procedure for reimbursement of the department and its agents
by  the office of temporary and disability assistance for the full addi-
tional costs of carrying out the procedures authorized by this  section,
and  may include, subject to the approval of the director of the budget,
a procedure for reimbursement of necessary additional costs of  collect-
ing social security numbers pursuant to section five hundred two of this
title;
  (iv)  provision  for  the  publicizing  of sanctions for nonpayment of
child support including the potential for the suspension  of  delinquent
support  obligors'  driving  privileges OR MOTOR VEHICLE REGISTRATION if
they fail to pay child support or combined child  and  spousal  support;
and
  (v)  such  other  matters  as the parties to such agreement shall deem
necessary to carry out provisions of this section.
  (3) Upon receipt of notification from  the  office  of  temporary  and
disability  assistance  of a person's failure to satisfy support arrears
or to make satisfactory payment arrangements thereon pursuant  to  para-
graph  (e)  of subdivision twelve of section one hundred eleven-b of the
social services law or notification from a court issuing an order pursu-
ant to section four hundred fifty-eight-a of the  family  court  act  or
section  two  hundred  forty-four-b  of  the domestic relations law, the
commissioner or his or her agent  shall  suspend  the  license  of  such
person to operate a motor vehicle OR SHALL SUSPEND THE REGISTRATION OF A

S. 7058                            10

MOTOR  VEHICLE  REGISTERED IN THE NAME OF SUCH PERSON, AS APPLICABLE. In
the event such person is unlicensed, such person's privilege of  obtain-
ing a license shall be suspended. IN THE EVENT SUCH PERSON DOES NOT HAVE
A  MOTOR  VEHICLE REGISTERED IN HIS OR HER NAME, SUCH PERSON'S PRIVILEGE
OF REGISTERING A MOTOR VEHICLE IN HIS OR HER NAME  SHALL  BE  SUSPENDED.
Such  suspension  shall  take effect no later than fifteen days from the
date of the notice thereof to the person whose license or  privilege  of
obtaining  a  license,  OR  MOTOR  VEHICLE  REGISTRATION OR PRIVILEGE OF
REGISTERING A MOTOR VEHICLE, is to be suspended,  and  shall  remain  in
effect  until  such  time as the commissioner is advised that the person
has satisfied the support  arrears  or  has  made  satisfactory  payment
arrangements  thereon pursuant to paragraph (e) of subdivision twelve of
section one hundred eleven-b of the social services law  or  until  such
time as the court issues an order to terminate such suspension;
  (4) From the time the commissioner is notified by the office of tempo-
rary  and  disability  assistance  of  a  person's liability for support
arrears under this section, the commissioner shall be relieved from  all
liability  to  such person which may otherwise arise under this section,
and such person shall have no  right  to  commence  a  court  action  or
proceeding  or  to  any other legal recourse against the commissioner to
recover such driving privileges as authorized by this section. In  addi-
tion, notwithstanding any other provision of law, such person shall have
no right to a hearing or appeal pursuant to this chapter with respect to
a  suspension  of  driving  privileges  OR MOTOR VEHICLE REGISTRATION as
authorized by this section. However, nothing herein shall  be  construed
to  prohibit  such person from proceeding against the support collection
unit pursuant to article seventy-eight of the  civil  practice  law  and
rules.
  (5)  Any  person  whose license OR MOTOR VEHICLE REGISTRATION has been
suspended pursuant to subdivision three of this section  may  apply  for
the  issuance  of  a  restricted use license as provided in section five
hundred thirty of this title.
  S 7. This act shall take effect immediately, provided that:
  (a) the amendments to subdivision 12 of section 111-b  of  the  social
services law made by section two of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith; and
  (b)  the  amendments  to subdivision 4-e of section 510 of the vehicle
and traffic law made by section six of this act  shall  not  affect  the
repeal of such subdivision and shall be deemed repealed therewith.

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Senate Bill S7058

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Sponsored By

Frank Padavan