senate Bill S4114A

Creates a financially delinquent parents most wanted list

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Co-Sponsors

Bill Status


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

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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:S4114A

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 financially delinquent most wanted list website to help
locate those in arrears of child support of more than ten thousand
dollars.

SUMMARY OF PROVISIONS:

Section one of the 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 financially delinquent parents most wanted list.
For purposes of the List, a financially delinquent parent is a person
who is under an administrative or Court order to pay child support,
has failed to fully comply with this obligation, and has arrears in
excess of $10,000. The number of individuals included on the List
shall be limited to 500.

The List shall be used for the purposes of locating the listed
individuals. To assist with achieving this goal, the List will
identify each individual by name and will include a physical
description of the individual, his or her last known address, and
photograph, if available. Prior to the inclusion on the List, the OTDA
is required to attempt to notify the individual about the potential
inclusion on the List and provide him or her with the opportunity to
prevent inclusion 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 be removed from the list
upon paying the balance of child support owed, making three
consecutive payments as per an agreement with OTDA, or submission to
OTDA of a certified copy of a Court or administrative order stating
that the individual is not responsible for the payments.

The List will not be available for public access; access will be
limited to employers and their agents who are at least 18 years old.
Employers may access the List electronically via OTDA's website.
Employers may also inspect the List at any local child support
collection unit office.

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.

LEGISLATIVE HISTORY:

S.4114 of 2013 - Passed Senate
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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

Introduced  by  Sens.  GOLDEN,  LANZA, MARTINS -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Social
  Services -- recommitted to the Committee on Social Services in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03867-04-4

S. 4114--A                          2

SHALL  BE  LIMITED  TO EMPLOYERS SUBJECT TO THE TAX WITHHOLDING REQUIRE-
MENTS OF SECTION SIX HUNDRED  SEVENTY-ONE  OF  THE  TAX  LAW  AND  THEIR
AUTHORIZED  EMPLOYEES  AND  SHALL  BE  AVAILABLE  FOR INSPECTION BY SUCH
EMPLOYERS  AND  AUTHORIZED  EMPLOYEES  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.

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