senate Bill S4114

Amended

Creates a financially delinquent parents most wanted list

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 08 / Mar / 2013
    • REFERRED TO SOCIAL SERVICES
  • 29 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 29 / May / 2013
    • ORDERED TO THIRD READING CAL.811
  • 30 / May / 2013
    • PASSED SENATE
  • 30 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 30 / May / 2013
    • REFERRED TO SOCIAL SERVICES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO SOCIAL SERVICES
  • 25 / Apr / 2014
    • AMEND AND RECOMMIT TO SOCIAL SERVICES
  • 25 / Apr / 2014
    • PRINT NUMBER 4114A

Summary

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

do you support this bill?

Bill Details

Versions:
S4114
S4114A
Legislative Cycle:
2013-2014
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Add §111-w, amd §111-v, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A10599, S1987
2009-2010: S7173

Sponsor Memo

BILL NUMBER:S4114

TITLE OF BILL: An act to amend the social services law, in relation
to authorizing the creation of a financially delinquent parents 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: S.1987 of 2012 - Passed Senate

FISCAL IMPLICATIONS: Minimal.


EFFECTIVE DATE: Immediately.

view bill text
                    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:

  Section 1. The social services law is amended by adding a new  section
111-w to read as follows:
  S  111-W.  "FINANCIALLY DELINQUENT PARENTS 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 OFFICE SHALL COMPILE, AND SHALL DISCLOSE AND PUBLISH ON A QUAR-
TERLY  BASIS AT REGULAR INTERVALS A "FINANCIALLY DELINQUENT PARENTS 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, OR SUCH OTHER AMOUNT AS ESTABLISHED FROM TIME
TO  TIME  BY  THE COMMISSIONER, AND SHALL SET FORTH IDENTIFYING INFORMA-
TION, INCLUDING BUT NOT LIMITED TO, THE NAME AND LAST KNOWN  ADDRESS  OF
THE INDIVIDUAL OWING THE ARREARAGE, A PHYSICAL DESCRIPTION OF SUCH INDI-
VIDUAL 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.
  3. THE "FINANCIALLY DELINQUENT PARENTS MOST WANTED LIST" SHALL BE MADE
AVAILABLE  BY  THE OFFICE THROUGH ITS WEBSITE, PROVIDED THAT SUCH ACCESS
SHALL BE LIMITED TO ENTITIES AND INDIVIDUALS WHO ARE AT  LEAST  EIGHTEEN
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

INATION AT EACH FACILITY OF THE OFFICE, INCLUDING BUT  NOT  LIMITED  TO,
THE OFFICE OF EACH SUPPORT COLLECTION UNIT.
  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.
  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 THE  OFFICE  SHALL  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  "FINANCIALLY
DELINQUENT  PARENTS  MOST  WANTED  LIST" UPON:   (A) FULL PAYMENT OF THE
ARREARAGE; (B) PAYMENT OF THREE CONSECUTIVE PAYMENTS MADE UNDER A  WRIT-
TEN AGREEMENT BETWEEN THE INDIVIDUAL AND THE OFFICE 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 THE
WEBSITE NO LATER THAN TEN BUSINESS DAYS AFTER THE RECEIPT OF THE  INFOR-
MATION  DESCRIBED  IN  THIS SUBDIVISION AND FROM THE 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.