Senate Bill S3637

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

                                  3637

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced  by  Sen.  SQUADRON -- (at request of the Office of Temporary
  and Disability Assistance) -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the welfare reform act of 1997, the social services law,
  the tax law, the banking law, the civil practice law  and  rules,  the
  executive law, the family court act, the insurance law, the labor law,
  the  lien  law,  the public service law, the real property actions and
  proceedings law, the state finance law, the vehicle  and  traffic  law
  and  the  mental  hygiene law, in relation to changing the name of the
  office of temporary and disability assistance

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

  Section  1. Paragraph 2 of subdivision (a) of section 122 of part B of
chapter 436 of the laws of 1997, constituting the welfare reform act  of
1997, is amended to read as follows:
  (2)  the  office  of  [temporary  and  disability assistance] ECONOMIC
SUPPORT AND OPPORTUNITY.
  S 2. Subdivision 14 of section 22  of  the  social  services  law,  as
amended  by  chapter  524  of  the  laws  of 2005, is amended to read as
follows:
  14. To provide an analysis of the outcome of the fair hearings process
within the office of  [temporary  and  disability  assistance]  ECONOMIC
SUPPORT  AND OPPORTUNITY to identify inadequacies and potential improve-
ments in the functioning of the fair hearings system, such office  shall
prepare  for  inclusion in the annual report required by subdivision (d)
of section seventeen of this article to be filed with the  governor  and
the  legislature  prior to the fifteenth day of December of each year, a
report containing with respect to income maintenance programs, including
the family assistance program, the safety net  assistance  program,  the
medical assistance program and any other program, the number of affirma-
tions and reversals by local districts and by program including a break-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07640-02-9
              

S. 3637                             2

down  by  local  districts  of  the number of fair hearings requested by
program and the number of fair hearings held by program, formal requests
by local districts and recipients for reconsideration  or  rehearing  of
appeals, and a summary of court actions on hearing decisions.
  S  3.  Paragraph  (f)  of  subdivision  5  of section 49 of the social
services law, as added by chapter 204 of the laws of 1998, is amended to
read as follows:
  (f) the provision of or  referral  to  support  services  designed  to
stabilize  households  in  permanent  and  habitable  housing  including
services related to substance abuse,  domestic  violence,  housekeeping,
budgeting,  education,  day  care, employment, parenting, mental health,
physical health, and such other services deemed necessary by the  office
of  [temporary  and disability assistance] ECONOMIC SUPPORT AND OPPORTU-
NITY.  Service provided to homeless households pursuant  to  this  para-
graph must be provided for a period of at least six months beginning the
first  day  of  the  month  following  the month in which such household
secured permanent housing.
  S 4. Section 51 of the social services law, as amended by chapter  204
of the laws of 1998, is amended to read as follows:
  S 51. Regulations. The office of [temporary and disability assistance]
ECONOMIC SUPPORT AND OPPORTUNITY shall, in consultation with other agen-
cies  deemed  appropriate by the commissioner, promulgate such rules and
regulations as are necessary to carry out the provisions of  this  arti-
cle.
  S 5. Subdivision 11 of section 95 of the social services law, as added
by chapter 333 of the laws of 2002, is amended to read as follows:
  11.  Notwithstanding  any  other provision of law to the contrary, the
office of [temporary and disability  assistance]  ECONOMIC  SUPPORT  AND
OPPORTUNITY  within  the department of family assistance shall develop a
brief, simplified application form for the food stamp program only.  The
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY shall develop the  form  in  consultation  with  food  stamp
outreach organizations and consider how the form may be used to reach as
many potential applicants as possible, especially those over sixty years
of age and those who are employed.
  S  6.  Subparagraph  1 of paragraph (b) of subdivision 12 and subpara-
graph 1 of paragraph (b) of subdivision  15  of  section  111-b  of  the
social  services law, as amended by chapter 624 of the laws of 2002, are
amended to read as follows:
  (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] ECONOMIC SUPPORT AND
OPPORTUNITY shall notify the support obligor in writing that his or  her
continued  failure  to pay the support arrears shall result in notifica-
tion to  the  department  of  motor  vehicles  to  suspend  the  support
obligor's  driving  privileges  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

S. 3637                             3

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.
  (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]  ECONOMIC  SUPPORT  AND
OPPORTUNITY  shall notify the support obligor in writing that his or her
continued failure to fully pay  the  support  arrears  shall  result  in
notification  to  the  department  of taxation and finance that they are
authorized to collect such  arrearage.    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.
  S 7. Subdivisions 1 and 3 of section 111-u of the social services law,
as  amended  by  chapter 624 of the laws of 2002, are amended to read as
follows:
  1. The  office  of  [temporary  and  disability  assistance]  ECONOMIC
SUPPORT  AND  OPPORTUNITY, or a social services district, or its author-
ized representative shall have a lien against real and personal property
owned by a support obligor when such support obligor 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, and such obligor has accumulated support arrears/past
due in an amount equal to or greater than  the  amount  of  support  due
pursuant  to  such  order  for  a period of four months. Such lien shall
incorporate unpaid support which accrues in the future.
  3. When the office of [temporary and disability  assistance]  ECONOMIC
SUPPORT  AND  OPPORTUNITY, or a social services district, or its author-
ized representative on behalf of a person receiving services pursuant to
this title determines that the requisite amount of child support is past
due, it shall send, by first class mail, a notice of intent  to  file  a
lien  to  the support obligor.  The obligor may assert a mistake of fact
and shall have an opportunity to make a submission  in  support  of  the
assertion.  The  assertion  and any supporting papers shall be submitted
within thirty-five days from the date a notice was  mailed.  Thereafter,
the   social  services  district  shall  determine  the  merits  of  the
assertion, and shall notify the  obligor  of  its  determination  within
ninety days after notice to the obligor was mailed.
  S  8.  Subdivision  13 of section 131-a of the social services law, as
added by chapter 477 of the laws of 2000, is amended to read as follows:
  13. Pursuant to regulations of the office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY, public  assistance  eligi-
bility  shall,  to the extent permitted by federal law, not lapse solely
by reason of the death of the adult relative caretaker of a minor child,
until arrangements are completed for the addition of the child to anoth-
er public assistance household, reclassification  of  the  case,  foster
care or other appropriate financial support. For purposes of subdivision

S. 3637                             4

eight  of  section  one  hundred fifty-three of this article, safety net
assistance given to such a child during the first forty-five days  after
application  therefor shall be regarded as being given to meet emergency
circumstances.
  S  9.  Subdivision  4  of section 131-i of the social services law, as
added by chapter 513 of the laws of 1999, is amended to read as follows:
  4. From amounts appropriated for such purpose, the department of labor
in consultation with the office of [temporary and disability assistance]
ECONOMIC SUPPORT AND OPPORTUNITY is hereby authorized  and  directed  to
solicit proposals to establish up to four new family loan programs. Such
programs  shall  operate  according to provisions set forth in [subdivi-
sion] SUBDIVISIONS one through three of this section; provided, however,
that such programs may provide no- or low-interest  loans,  and  further
provided  that  applications submitted by a consortium of not-for-profit
organizations or local  government  agencies  shall  be  viewed  as  one
program  and may receive greater funding by the department of labor than
an application submitted by a single organization or agency.  Low-inter-
est  loans  shall not exceed a rate greater than two-thirds of the prime
rate. No not-for-profit organization or local government agency  awarded
funding  from appropriations made in the nineteen hundred ninety-seven--
nineteen hundred ninety-eight fiscal year shall be  eligible  for  funds
made  available from appropriations made in the nineteen hundred ninety-
nine--two thousand fiscal year.
  S 10. Subdivisions 1, 2 and 3 of section 131-aa of the social services
law, subdivisions 1 and 3 as amended  and  subdivision  2  as  added  by
section  5  of  part J of chapter 58 of the laws of 2006, are amended to
read as follows:
  1. Reporting requirements. The commissioner of the office  of  [tempo-
rary  and  disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY shall
issue, within sixty days of the end of each month, a monthly statistical
report containing each of the tables in  the  March  two  thousand  four
Temporary and Disability assistance statistics report as provided on the
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY website. Such report  shall  also  include  aggregate  total
claims  for  both  New  York  city  and the rest of the state related to
[temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY
not  already included in the March 2004 Temporary and Disability Assist-
ance Statistics report as provided on the office of [temporary and disa-
bility assistance] ECONOMIC SUPPORT AND OPPORTUNITY website. The commis-
sioner  may  also  include   similar   tables   containing   statistical
information  including,  but  not  limited to, [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY claims on  emergency  child
care, family shelter, shelter for victims of domestic violence, eviction
prevention  including, but not limited to, security deposits and brokers
fees, supplemental claims, cancellations or  refunds,  drug  or  alcohol
treatment,  and  increased  costs  associated with cases for individuals
with AIDS. The commissioner  may  also  include  any  other  statistical
information  related  to  [temporary and disability assistance] ECONOMIC
SUPPORT AND OPPORTUNITY that he or she  deems  to  be  appropriate.  The
commissioner  shall  also,  within  sixty days of the completion of each
quarter of the state fiscal year, issue an update of monthly  [temporary
and  disability  assistance] ECONOMIC SUPPORT AND OPPORTUNITY claims for
each of the previous twenty-four months based on actual claims  received
by  the end of such quarter; provided, however, the update following the
third quarter of the state fiscal year shall be completed within  thirty
days.  Such  update  shall  include  the total number of recipients, the

S. 3637                             5

monthly average payment, and total claims, received by the end  of  such
quarter,  for  New  York  city,  the  rest of the state, and total state
claims.
  2.  Additional  reporting requirements. In addition to the information
required to be included in the monthly statistical  report  pursuant  to
subdivision  one  of  this  section,  the  commissioner of the office of
[temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY
shall  include  in  such monthly statistical report detailed tables with
comprehensive data for federally  participating  family  assistance  and
safety net cases, safety net non-maintenance of effort cases, and safety
net  maintenance  of  effort  cases,  for each county and New York city,
according to the following categories:
  (a) Work participation rates.  A  statistical  table  containing  data
related  to  federally  required work participation rates including, but
not limited to, the numerator applied to  the  required  federal  calcu-
lation for work participation and the denominator applied to the federal
calculation  for  work participation; and any other information that the
commissioner deems to be appropriate.
  (b) Earned income. A statistical table containing data related to  the
aggregate  amount of earned income reported by public assistance recipi-
ents including, but not limited to, aggregate earned income used in  the
calculation  of  public  assistance  benefits, both before and after the
earnings disregard is applied to such benefits, the number of cases  for
which earned income is applied to the calculation of such benefits, both
before  and after the earnings disregard, and any other information that
the commissioner deems to be appropriate.
  (c) Sanctioned cases. A statistical table containing data  related  to
the  number of cases in sanction status and the reason for such sanction
including, but not limited to, the number of sanctioned  cases  included
in  the federal work participation calculation, the number of sanctioned
cases not included in the federal work  participation  calculation,  and
any other information that the commissioner deems to be appropriate.
  (d)  Home  energy  assistance  program (HEAP). For each county and New
York city, a statistical table containing data related to the allocation
of federal and state monies for the HEAP  program  and  the  number  and
dollar  amount  of  benefits provided including, but not limited to, the
number, dollar amount and average dollar amount of regular autopay bene-
fits, regular non-autopay benefits, emergency benefits,  allocation  for
administrative  costs,  and  any other information that the commissioner
deems to be appropriate.
  3. Upon issuance, the reports required by this section shall be posted
on the office of [temporary and disability assistance] ECONOMIC  SUPPORT
AND OPPORTUNITY website, and shall also be submitted by the commissioner
to  the  governor, the temporary president of the senate, the speaker of
the assembly, the chair of the senate finance committee and the chair of
the assembly ways and means committee.
  S 11. Subdivision 17 of section 153 of the  social  services  law,  as
added  by  section  1  of  part  J of chapter 58 of the laws of 2006, is
amended to read as follows:
  17. From an amount specifically appropriated therefor, the commission-
er of the office  of  [temporary  and  disability  assistance]  ECONOMIC
SUPPORT  AND OPPORTUNITY shall provide additional enhanced reimbursement
for administration of income maintenance, food  stamps,  and  employment
programs  to social services districts which meet the work participation
rates set forth in subdivision seven of section  three  hundred  thirty-
five-b  of  this  chapter. The amount of reimbursement available to each

S. 3637                             6

social services district shall be established by the commissioner of the
office of [temporary and disability  assistance]  ECONOMIC  SUPPORT  AND
OPPORTUNITY  with  the  approval of the director of the budget. Separate
amounts  of  reimbursement  shall  be  available  to  a  social services
district for meeting each of the following categories:   for  households
receiving  assistance  funded under the federal temporary assistance for
needy families block grant program in which there is an adult  or  minor
head  of  household; and for households with dependent children in which
there is an adult or minor head of  household  and  which  is  receiving
safety  net  assistance and payment for which is used to meet the feder-
ally required maintenance of effort for  the  temporary  assistance  for
needy  families  block  grant.  The  office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY may  advance  reimbursement
that  would be available for full compliance and may recover any amounts
unearned by the district by withholding any other reimbursement due from
the state to the social services district.
  S 12. Subdivision 12 of section 159 of the  social  services  law,  as
added  by  section  4  of  part  J of chapter 58 of the laws of 2006, is
amended to read as follows:
  12. To the extent allowable under federal law and to the  extent  that
the state has spending sufficient to exceed the federally required main-
tenance  of effort for the temporary assistance for needy families block
grant, the office of  [temporary  and  disability  assistance]  ECONOMIC
SUPPORT AND OPPORTUNITY may maximize the state's work participation rate
by  targeting safety net assistance payments utilized to meet the feder-
ally required maintenance of effort for  the  temporary  assistance  for
needy  families  block grant to safety net assistance cases that are not
exempt from work activities, that have not been in sanction  status  for
over  three months, and that do not include two parents who are eligible
for assistance who live in the same dwelling unit, or to  other  catego-
ries  of  cases,  as  defined by the office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY, that have no other  poten-
tial impediments to participating in countable federal work activities.
  S  13.  Subdivision  1  of  section 210 of the social services law, as
amended by chapter 515 of the laws  of  2006,  is  amended  to  read  as
follows:
  1. Any inconsistent provisions of this title or any other law notwith-
standing, but subject to the provisions of subdivisions two and three of
this  section,  an  individual who is deemed to have met the eligibility
criteria for additional state payments  pursuant  to  paragraph  (c)  of
subdivision  one  of  section  two  hundred nine of this title, shall be
entitled to receive for each  month  after  December,  nineteen  hundred
seventy-three an additional state payment in an amount which, when added
to  the supplemental security income benefit and other countable income,
is equal to such individual's December, nineteen  hundred  seventy-three
cash  grant  of  assistance under the state's program of old age assist-
ance, assistance to the blind, aid  to  the  disabled  or  the  combined
program  of  aid  to  aged,  blind and disabled persons, plus income not
excluded under such state program, plus an amount equal to the  January,
nineteen hundred seventy-two bonus value of food stamps as determined in
accordance with the regulations of the office of [temporary and disabil-
ity  assistance]  ECONOMIC  SUPPORT  AND OPPORTUNITY plus, for any month
after June, nineteen hundred  seventy-five,  an  amount  reflecting  the
federal supplemental security increases resulting from July first, nine-
teen  hundred  seventy-five  cost  of living increases in such benefits,
plus for any month after June, nineteen hundred  eighty-two,  an  amount

S. 3637                             7

equal  to  the  July  first, nineteen hundred eighty-two federal supple-
mental security income cost of living adjustment, providing  such  indi-
vidual  was  eligible  to  receive  a mandatory state supplement for the
month of December, nineteen hundred eighty-one, plus for any month after
June, nineteen hundred eighty-three, an amount equal to $17.70 for indi-
viduals,  $26.55  for couples who are living alone or living with others
and $35.40 for couples receiving family care, residential care  or  care
in schools for the mentally retarded, plus for any month after December,
nineteen hundred eighty-three, an amount equal to $9.70 for individuals,
$15.60 for couples who are living alone or living with others and $19.40
for  couples  receiving family care, residential care or care in schools
for the mentally retarded, plus for any month after  December,  nineteen
hundred  eighty-four,  an amount equal to $11.00 for individuals, $16.00
for couples who are living alone or living with others  and  $22.00  for
couples  receiving  family care, residential care or care in schools for
the mentally retarded, plus  for  any  month  after  December,  nineteen
hundred  eighty-five,  an amount equal to $11.00 for individuals, $16.00
for couples who are living alone or living with others  and  $22.00  for
couples  receiving  family care, residential care or care in schools for
the mentally retarded, plus  for  any  month  after  December,  nineteen
hundred  eighty-six  an amount equal to $4.00 for individuals, $6.00 for
couples who are living alone or living with others and $8.00 for couples
receiving family care, residential care  or  care  in  schools  for  the
mentally  retarded,  plus for any month after December, nineteen hundred
eighty-seven an amount equal  to  $14.00  for  individuals,  $22.00  for
couples  who  are  living  alone  or  living  with others and $28.00 for
couples receiving family care, residential care or care in  schools  for
the  mentally  retarded,  plus  for  any  month after December, nineteen
hundred eighty-eight an amount equal to $14.00 for  individuals,  $21.00
for  couples  who  are living alone or living with others and $28.00 for
couples receiving family care, residential care or care in  schools  for
the mentally retarded, plus for any other month after December, nineteen
hundred  eighty-nine  an  amount equal to $18.00 for individuals, $27.00
for couples who are living alone or living with others  and  $36.00  for
couples  receiving  family care, residential care or care in schools for
the mentally retarded, plus  for  any  month  after  December,  nineteen
hundred  ninety  an  amount  equal to $21.00 for individuals, $31.00 for
couples who are living alone  or  living  with  others  and  $42.00  for
couples  receiving  family care, residential care or care in schools for
the mentally retarded, plus  for  any  month  after  December,  nineteen
hundred ninety-one an amount equal to $15.00 for individuals, $23.00 for
couples  who  are  living  alone  or  living  with others and $30.00 for
couples receiving family care, residential care or care in  schools  for
the  mentally  retarded,  plus  for  any  month after December, nineteen
hundred ninety-two, an amount equal to $12.00  for  individuals,  $19.00
for  couples  who  are living alone or living with others and $24.00 for
couples receiving family care, residential care or care in  schools  for
the  mentally  retarded  plus  for  any  month  after December, nineteen
hundred ninety-three an amount equal to $12.00 for  individuals,  $17.00
for  couples  who  are living alone or living with others and $24.00 for
couples receiving family care, residential care or care in  schools  for
the  mentally  retarded  plus  for  any  month  after December, nineteen
hundred ninety-four an amount equal to $12.00  for  individuals,  $18.00
for  couples  who  are living alone or living with others and $24.00 for
couples receiving family care, residential care or care in  schools  for
the  mentally  retarded,  plus  for  any  month after December, nineteen

S. 3637                             8

hundred ninety-five an amount equal to $12.00  for  individuals,  $18.00
for  couples  who  are living alone or living with others and $24.00 for
couples receiving family care, residential care or care in  schools  for
the  mentally  retarded,  plus  for  any  month after December, nineteen
hundred ninety-six, an amount equal to $14.00 for individuals and $21.00
for couples plus for any month after December, nineteen hundred  ninety-
seven  an  amount equal to $10.00 for individuals and $15.00 for couples
plus for any month after  December,  nineteen  hundred  ninety-eight  an
amount  equal  to  $6.00 for individuals and $11.00 for couples plus for
any month after December, nineteen hundred ninety-nine an  amount  equal
to  $13.00  for  individuals  and  $18.00 for couples plus for any month
after December, two thousand an amount equal to $18.00  for  individuals
and  $27.00  for couples plus for any month after December, two thousand
one an amount equal to $15.00 for individuals  and  $21.00  for  couples
plus  for  any month after December, two thousand two an amount equal to
$7.00 for individuals and $12.00 for couples plus for  any  month  after
December,  two  thousand three an amount equal to $12.00 for individuals
and $17.00 for couples plus for any month after December,  two  thousand
four  an  amount  equal to $15.00 for individuals and $23.00 for couples
plus for any month after December, two thousand five an amount equal  to
$24.00  for  individuals and $35.00 for couples plus for any month after
December, two thousand  six  an  amount  equal  to  the  amount  of  any
increases  in federal supplemental security income benefits for individ-
uals or couples pursuant to section 1617 of the Social Security Act  (42
USC S 1382f) which become effective on or after January first, two thou-
sand seven.
  S 14. Paragraphs a and b of subdivision 1 of section 330 of the social
services  law,  as  amended  by section 2 of part C of chapter 57 of the
laws of 2005, are amended to read as follows:
  a. the term "commissioner" means the commissioner of the state  office
of  [temporary  and disability assistance] ECONOMIC SUPPORT AND OPPORTU-
NITY; and
  b. the term "department" means the  state  office  of  [temporary  and
disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY.
  S  15.  Paragraph  (b) of subdivision 2 of section 332-b of the social
services law, as amended by chapter 214 of the laws of 1998, is  amended
to read as follows:
  (b)  If,  prior  to  submitting  his or her medical documentation, the
individual is referred to a health care practitioner  certified  by  the
office  of  disability  determinations  of  the office of [temporary and
disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY or, if  applica-
ble,  to  the  contracted  agency  or  institution by or with which such
health care practitioner is employed or affiliated  for  an  examination
pursuant to subdivision four of this section, such individual shall make
best  efforts  to bring such documentation to the examination, and in no
case shall provide such records to the examining health care practition-
er certified by the office of disability determinations or, if  applica-
ble,  to  the  contracted  agency  or  institution by or with which such
health care practitioner is employed or affiliated later than four busi-
ness days after such  examination;  provided  that  the  individual  may
demonstrate good cause as defined in regulations, for failure to provide
such records within the specific time periods.
  S 16. Paragraphs (a), (b) and (d) of subdivision 1 of section 335-b of
the social services law, as amended by section 2 of part J of chapter 58
of the laws of 2006, are amended to read as follows:

S. 3637                             9

  (a)  Such  rate for all families receiving assistance funded under the
federal temporary assistance for needy  families  program  shall  be  as
follows:  for federal fiscal year nineteen hundred ninety-seven, twenty-
five percent; nineteen hundred ninety-eight,  thirty  percent;  nineteen
hundred  ninety-nine,  thirty-five percent; two thousand, forty percent;
two thousand one, forty-five percent; two thousand two  and  thereafter,
fifty  percent.  Such  rates shall apply unless the state is required to
meet a different rate as imposed by the  federal  government,  in  which
case  such  different  rate shall apply in accordance with a methodology
approved by the commissioner of the office of [temporary and  disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY.
  (b)  Such  rate  for  two-parent  families receiving assistance funded
under the federal temporary assistance for needy families program  shall
be  as  follows:  for federal fiscal years nineteen hundred ninety-seven
and  nineteen  hundred  ninety-eight,  seventy-five  percent;   nineteen
hundred  ninety-nine  and  thereafter,  ninety  percent. Such rate shall
apply unless the state is required to meet a different rate  as  imposed
by the federal government, in which case such different rate shall apply
in  accordance  with  a  methodology approved by the commissioner of the
office of [temporary and disability  assistance]  ECONOMIC  SUPPORT  AND
OPPORTUNITY.
  (d) Calculation of participation rates. The commissioner of the office
of  [temporary  and disability assistance] ECONOMIC SUPPORT AND OPPORTU-
NITY shall promulgate regulations which define  the  participation  rate
calculation.  Such  calculation for families receiving assistance funded
under the federal temporary assistance for needy families program pursu-
ant to article IV-A of the social security act shall be consistent  with
that established in federal law.
  S  17. Section 335-c of the social services law, as added by section 1
of part H of chapter 109 of the laws of 2006,  is  amended  to  read  as
follows:
  S  335-c.  Pilot  programs.  From  the funds specifically appropriated
therefor the commissioner of the office  of  [temporary  and  disability
assistance]  ECONOMIC  SUPPORT  AND  OPPORTUNITY in cooperation with the
commissioner of the office of children and family services  may  conduct
pilot programs in up to five social services districts to provide inten-
sive  employment  and  other supportive services including job readiness
and job placement services to non-custodial parents who  are  unemployed
or  who  are working less than twenty hours per week; who are recipients
of public assistance or whose income does not exceed two hundred percent
of the federal poverty level; and who have a child support order payable
through the support collection unit as created by  section  one  hundred
eleven-h  of  this  chapter or have had paternity established for his or
her child and a court proceeding has been initiated to obtain  an  order
of child support, and the custodial or non-custodial parent is receiving
child support services through a social services district. Non-custodial
parents  determined  to  be  eligible  for  participation  in  the pilot
programs shall be informed of the opportunity  to  participate  in  such
programs  on  a  voluntary  basis.  The pilot programs shall have as one
component parenting education for the non-custodial parents.  Non-custo-
dial  parents  shall be required to attend such parenting education as a
condition of participating in the pilot programs.
  S 18. Section 366-h of the social services law, as added by section  7
of  part  B  of  chapter  57  of the laws of 2000, is amended to read as
follows:

S. 3637                            10

  S 366-h. Automated system; established. Notwithstanding any inconsist-
ent provision of law or regulation, the commissioner of health shall, as
soon as practicable,  establish  an  automated  system  to  ensure  that
persons who meet the criteria for receipt of medical assistance benefits
under  paragraph (a) or (c) of subdivision four of section three hundred
sixty-six of this title shall remain enrolled in the medical  assistance
program  without interruption and receive the benefits set forth accord-
ing to paragraph (a) or (c) of subdivision four of section three hundred
sixty-six of  this  title.  Pending  implementation  of  such  automated
system,  such  commissioner  shall,  in  consultation with the office of
[temporary and disability assistance] ECONOMIC SUPPORT AND  OPPORTUNITY,
undertake  and  continue  efforts to educate local departments of social
services about the measures  they  must  take  to  ensure  that  medical
assistance  benefits  are provided to persons eligible for such benefits
under subdivision four of section three hundred sixty-six of this title.
A report on the progress to implement such  automated  system  shall  be
submitted  annually  to  the governor and the legislature by the commis-
sioner of health.
  S 19. Subdivision 13 of section 367-b of the social services  law,  as
amended  by  section  8  of part C of chapter 63 of the laws of 2001, is
amended to read as follows:
  13. Notwithstanding any inconsistent provision  of  law,  in  lieu  of
payments  authorized  by  this chapter and/or any of the general fund or
special revenue other appropriations made to the  office  of  [temporary
and  disability  assistance]  ECONOMIC  SUPPORT  AND OPPORTUNITY and the
office of children and family services,  from  funds  otherwise  due  to
local  social services districts or in lieu of payments of federal funds
otherwise due to local social services districts for  programs  provided
under  the  federal social security act or the federal food stamp act or
the low income home energy assistance program, funds in  amounts  certi-
fied  by  the  commissioner  of  the office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY or the commissioner of  the
office  of children and family services or the commissioner of health as
due from local social services districts as their share of payments made
pursuant to this section, may be set-aside by the state  comptroller  in
an interest-bearing account with such interest accruing to the credit of
the  locality,  pursuant  to an estimate provided by the commissioner of
health of a local social services district's share of medical assistance
payments, except that in the case of the city of New York,  such  set-a-
side  shall be subject first to the requirements of [a] section EIGHT OF
PART C of [the] chapter SIXTY-THREE of the  laws  of  two  thousand  one
which  enacted  this  provision, and then subject to the requirements of
paragraph (i) of subdivision (b) of section two hundred twenty-two-a  of
chapter  four hundred seventy-four of the laws of nineteen hundred nine-
ty-six prior to the application of this subdivision. Should funds other-
wise payable to a local social  services  district  from  appropriations
made  to  the  office  of [temporary and disability assistance] ECONOMIC
SUPPORT AND OPPORTUNITY, the office of children and family services, and
the department of health be insufficient to fully fund the amounts iden-
tified by the commissioner of health as necessary to liquidate the local
share of payments to be made pursuant to this section on behalf  of  the
local  social services district, the commissioner of health may identify
other state or federal payments payable to that  local  social  services
district  or  any  other county agency including, but not limited to the
county department of health,  from  appropriations  made  to  the  state
department  of  health, and may authorize the state comptroller, upon no

S. 3637                            11

less than five  days  written  notice  to  such  local  social  services
district  or such other county agency, to set-aside such payments in the
interest-bearing account with such interest accruing to  the  credit  of
the locality. Upon such determination by the commissioner of health that
insufficient  funds  are payable to a local social services district and
any other county agency receiving payments from the office of [temporary
and disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY, the  office
of children and family services, and the state department of health from
appropriations made to these agencies, the state comptroller shall, upon
no  less  than  five  days  written notice to such local social services
district or such other county agency, withhold payments from any of  the
general  fund  -  local assistance accounts or payments made from any of
the special revenue  -  federal  local  assistance  accounts,  provided,
however,  that  such  federal payments shall be withheld only after such
federal funds are properly credited  to  the  county  through  vouchers,
claims  or  other  warrants properly received, approved, and paid by the
state comptroller, and set-aside such  disbursements  in  the  interest-
bearing account with such interest accruing to the credit of the locali-
ty  until  such time that the amount withheld from each county is deter-
mined by the commissioner of health to be sufficient to fully  liquidate
the local share of payments, as estimated by the commissioner of health,
to  be  made  pursuant  to  this  section on behalf of that local social
services district.
  S 20. Subdivision 1 of section 483 of  the  social  services  law,  as
added  by  section  2  of part F-2 of chapter 62 of the laws of 2003, is
amended to read as follows:
  1. There shall be a council on children and families established with-
in the office of children and family services consisting of the  follow-
ing members: the state commissioner of children and family services, the
commissioner  of  [temporary and disability assistance] ECONOMIC SUPPORT
AND OPPORTUNITY, the commissioner of mental health, the commissioner  of
mental  retardation  and developmental disabilities, the commissioner of
the office of alcoholism and substance abuse services, the  commissioner
of  education, the state director of probation and correctional alterna-
tives, the commissioner of health, the commissioner of the  division  of
criminal justice services, the state advocate for persons with disabili-
ties,  the  director  of  the  office for the aging, the commissioner of
labor, and the chair of the  commission  on  quality  of  care  for  the
mentally disabled. The governor shall designate the chair of the council
and the chief executive officer (CEO).
  S  21.  Subdivisions  (a)  and  (b)  of  section  483-bb of the social
services law, as added by chapter 74 of the laws of 2007, are amended to
read as follows:
  (a) The office  of  [temporary  and  disability  assistance]  ECONOMIC
SUPPORT  AND  OPPORTUNITY may coordinate with and assist law enforcement
agencies and district attorney's offices to access appropriate  services
for human trafficking victims.
  (b)  In  providing such assistance, the office of [temporary and disa-
bility assistance] ECONOMIC  SUPPORT  AND  OPPORTUNITY  may  enter  into
contracts  with  non-government  organizations for providing services to
pre-certified victims of human trafficking as defined in subdivision (b)
of section four hundred eighty-three-aa  of  this  article,  insofar  as
funds are available for that purpose. Such services may include, but are
not  limited  to,  case  management, emergency temporary housing, health
care, mental health counseling, drug addiction screening and  treatment,
language  interpretation  and  translation  services,  English  language

S. 3637                            12

instruction, job  training  and  placement  assistance,  post-employment
services  for  job  retention, and services to assist the individual and
any of his or her family members to establish a permanent  residence  in
New  York  state  or  the  United  States. Nothing in this section shall
preclude the office of [temporary and  disability  assistance]  ECONOMIC
SUPPORT  AND  OPPORTUNITY,  or  any local social services district, from
providing human trafficking victims who are United  States  citizens  or
human  trafficking victims who meet the criteria pursuant to section one
hundred twenty-two of this chapter with any  benefits  or  services  for
which they otherwise may be eligible.
  S  22.  Subdivisions  (a)  and  (b)  of  section  483-cc of the social
services law, as added by chapter 74 of the laws of 2007, are amended to
read as follows:
  (a) As soon as practicable after a first encounter with a  person  who
reasonably  appears to a law enforcement agency or a district attorney's
office to be a human trafficking victim, that  agency  or  office  shall
notify  the  office  of  [temporary  and disability assistance] ECONOMIC
SUPPORT AND OPPORTUNITY and the division of  criminal  justice  services
that such person may be eligible for services under this article.
  (b)  Upon  receipt  of  such  a notification, the division of criminal
justice services, in consultation with  the  office  of  [temporary  and
disability  assistance]  ECONOMIC SUPPORT AND OPPORTUNITY and the refer-
ring agency or office, shall make a preliminary  assessment  of  whether
such  victim or possible victim appears to meet the criteria for certif-
ication as a victim of a  severe  form  of  trafficking  in  persons  as
defined in section 7105 of title 22 of the United States Code (Traffick-
ing  Victims  Protection)  or  appears  to be otherwise eligible for any
federal, state or local benefits and services. If it is determined  that
the  victim  appears to meet such criteria, the office of [temporary and
disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY shall report the
finding to the victim, and to the referring law  enforcement  agency  or
district  attorney's  office,  and  may  assist that agency or office in
having such victim receive services from a case management provider  who
may  be  under  contract  with  the  office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY, or from any  other  avail-
able  source. If the victim or possible victim is under the age of eigh-
teen, the office  of  [temporary  and  disability  assistance]  ECONOMIC
SUPPORT AND OPPORTUNITY also shall notify the local department of social
services in the county where the child was found.
  S 23. Subdivision (a) of section 483-ee of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  (a)  There  is established an interagency task force on trafficking in
persons, which shall consist of the following members  or  their  desig-
nees: (1) the commissioner of the division of criminal justice services;
(2)  the commissioner of the office of [temporary and disability assist-
ance] ECONOMIC SUPPORT AND OPPORTUNITY; (3) the commissioner of  health;
(4) the commissioner of the office of mental health; (5) the commission-
er  of  labor; (6) the commissioner of the office of children and family
services; (7) the commissioner of the office of alcoholism and substance
abuse services; (8) the chairperson of the crime victims board; (9)  the
executive  director  of  the  office  for  the  prevention  of  domestic
violence; and (10) the superintendent of the division of  state  police;
and  others as may be necessary to carry out the duties and responsibil-
ities under this section. The task  force  will  be  co-chaired  by  the
commissioners  of  the  division  of  criminal  justice services and the
office of [temporary and disability  assistance]  ECONOMIC  SUPPORT  AND

S. 3637                            13

OPPORTUNITY, or their designees.  It shall meet as often as is necessary
and  under  circumstances  as  are  appropriate to fulfilling its duties
under this section.
  S  24. Paragraph 1 of subsection (c) and paragraph 1 of subsection (d)
of section 606 of the tax law, paragraph 1 of subsection (c) as  amended
by  section  1 of part M and paragraph 1 of subsection (d) as amended by
section 1 of part Q of chapter 63 of the laws of 2000,  are  amended  to
read as follows:
  (1)  A  taxpayer shall be allowed a credit as provided herein equal to
the applicable percentage of the credit allowable under section  twenty-
one  of  the  internal  revenue  code for the same taxable year (without
regard to whether the taxpayer in fact claimed  the  credit  under  such
section  twenty-one  for  such  taxable year). The applicable percentage
shall be the sum of (i) twenty percent and (ii) a multiplier  multiplied
by  a  fraction. For taxable years beginning in nineteen hundred ninety-
six and nineteen hundred ninety-seven, the numerator  of  such  fraction
shall  be the lesser of (i) four thousand dollars or (ii) fourteen thou-
sand dollars less the New York adjusted gross  income  for  the  taxable
year,  provided, however, the numerator shall not be less than zero. For
the taxable year beginning in nineteen hundred ninety-eight, the numera-
tor of such fraction shall  be  the  lesser  of  (i)  thirteen  thousand
dollars or (ii) thirty thousand dollars less the New York adjusted gross
income  for the taxable year, provided, however, the numerator shall not
be less than zero. For taxable years beginning in nineteen hundred nine-
ty-nine, the numerator of such fraction  shall  be  the  lesser  of  (i)
fifteen  thousand  dollars  or  (ii) fifty thousand dollars less the New
York adjusted gross income for the taxable year, provided, however,  the
numerator shall not be less than zero. For taxable years beginning after
nineteen  hundred  ninety-nine,  the numerator of such fraction shall be
the lesser of (i) fifteen thousand dollars or (ii)  sixty-five  thousand
dollars  less  the  New York adjusted gross income for the taxable year,
provided, however, the numerator shall not be less than zero. The denom-
inator of such fraction shall be four thousand dollars for taxable years
beginning in nineteen hundred ninety-six and  nineteen  hundred  ninety-
seven, thirteen thousand dollars for the taxable year beginning in nine-
teen  hundred  ninety-eight,  and  fifteen  thousand dollars for taxable
years beginning after  nineteen  hundred  ninety-eight.  The  multiplier
shall  be  ten  percent  for taxable years beginning in nineteen hundred
ninety-six, forty  percent  for  taxable  years  beginning  in  nineteen
hundred  ninety-seven,  and  eighty  percent for taxable years beginning
after nineteen hundred  ninety-seven.  Provided,  however,  for  taxable
years  beginning  after nineteen hundred ninety-nine, for a person whose
New York adjusted gross income is less than forty thousand dollars, such
applicable percentage shall be equal to (i) one  hundred  percent,  plus
(ii)  ten  percent multiplied by a fraction whose numerator shall be the
lesser of (i) fifteen thousand dollars or (ii)  forty  thousand  dollars
less  the  New York adjusted gross income for the taxable year, provided
such numerator shall not be less than zero, and whose denominator  shall
be  fifteen  thousand  dollars. Provided, further, that if the reversion
event, as defined in this paragraph, occurs, the  applicable  percentage
shall, for taxable years ending on or after the date on which the rever-
sion  event  occurred,  be  determined using the rules specified in this
paragraph applicable to taxable  years  beginning  in  nineteen  hundred
ninety-nine. The reversion event shall be deemed to have occurred on the
date  on which federal action, including but not limited to, administra-
tive, statutory or regulatory changes, materially reduces or  eliminates

S. 3637                            14

New  York  state's  allocation  of  the federal temporary assistance for
needy families block grant, or materially reduces  the  ability  of  the
state  to  spend  federal  temporary assistance for needy families block
grant  funds  for  the  credit  for certain household and dependent care
services necessary for gainful employment or to apply state general fund
spending on the credit for certain household and dependent care services
necessary for gainful employment toward  the  temporary  assistance  for
needy  families  block  grant maintenance of effort requirement, and the
commissioner of the office  of  [temporary  and  disability  assistance]
ECONOMIC SUPPORT AND OPPORTUNITY shall certify the date of such event to
the commissioner, the director of the division of the budget, the speak-
er of the assembly and the temporary president of the senate.
  (1)  General.  A taxpayer shall be allowed a credit as provided herein
equal to (i) the applicable  percentage  of  the  earned  income  credit
allowed  under  section  thirty-two of the internal revenue code for the
same taxable year, (ii) reduced by the credit permitted under subsection
(b) of this section.
  The applicable percentage shall be (i) seven and one-half percent  for
taxable  years  beginning  in  nineteen  hundred  ninety-four,  (ii) ten
percent for taxable years beginning  in  nineteen  hundred  ninety-five,
(iii)  twenty percent for taxable years beginning after nineteen hundred
ninety-five and  before  two  thousand,  (iv)  twenty-two  and  one-half
percent  for  taxable  years  beginning in two thousand, (v) twenty-five
percent for taxable years beginning in two thousand  one,  (vi)  twenty-
seven  and  one-half percent for taxable years beginning in two thousand
two, and (vii) thirty percent for taxable years beginning in  two  thou-
sand  three  and  thereafter.  Provided,  however, that if the reversion
event, as defined in this paragraph, occurs, the  applicable  percentage
shall be twenty percent for taxable years ending on or after the date on
which  the reversion event occurred. The reversion event shall be deemed
to have occurred on the date on which federal action, including but  not
limited  to, administrative, statutory or regulatory changes, materially
reduces or eliminates New York state's allocation of the federal  tempo-
rary  assistance  for  needy families block grant, or materially reduces
the ability of the state to spend federal temporary assistance for needy
families block grant funds for the earned  income  credit  or  to  apply
state  general  fund  spending  on  the  earned income credit toward the
temporary assistance for  needy  families  block  grant  maintenance  of
effort requirement, and the commissioner of the office of [temporary and
disability  assistance]  ECONOMIC  SUPPORT AND OPPORTUNITY shall certify
the date of such event to the commissioner of taxation and finance,  the
director  of the division of the budget, the speaker of the assembly and
the temporary president of the senate.
  S 25. Paragraph 4 of subsection (d-1) of section 606 of the  tax  law,
as  added  by  section 1 of part I of chapter 58 of the laws of 2006, is
amended to read as follows:
  (4) No claim for credit under this subsection shall be allowed  unless
the  department has verified, from information provided by the office of
[temporary and disability assistance] ECONOMIC SUPPORT AND  OPPORTUNITY,
that  a  taxpayer has satisfied the qualifications set forth in subpara-
graphs (C), (D) and (E) of paragraph two of this subsection. The  office
of  [temporary  and disability assistance] ECONOMIC SUPPORT AND OPPORTU-
NITY shall provide to the department by January fifteenth of  each  year
information  applicable for the immediately preceding tax year necessary
for the department to make such verification. Such information shall  be
provided  in  the manner and form agreed upon by the department and such

S. 3637                            15

office. If a taxpayer's claim for a  credit  under  this  subsection  is
disallowed because the taxpayer has not satisfied the qualifications set
forth  in  subparagraphs  (C),  (D)  and  (E)  of  paragraph two of this
subsection, the taxpayer may request a review of those qualifications by
the  support collection unit established pursuant to section one hundred
eleven-h of the social services law  through  which  the  child  support
payments  were  payable.  The support collection unit shall transmit the
result of that review to the office of [temporary and disability assist-
ance] ECONOMIC SUPPORT AND OPPORTUNITY  on  a  form  developed  by  such
office. Such office shall then transmit such result to the department in
a manner agreed upon by the department and such office.
  S  26. Paragraph 3 of subsection (e) of section 697 of the tax law, as
separately amended by section 1 of part M of chapter  57    and  section
45-f  of part C of chapter 58 of the laws of 2008, is amended to read as
follows:
  (3) Nothing herein shall be construed to prohibit the department,  its
officers  or  employees  from  furnishing  information  to the office of
[temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY
relating  to the payment of the credit for certain household and depend-
ent care services necessary for gainful employment under subsection  (c)
of  section six hundred six of this article and the earned income credit
under subsection (d) of section six hundred  six  of  this  article,  or
pursuant  to  a  local  law enacted by a city having a population of one
million or more pursuant to subsection (f) of section  thirteen  hundred
ten of this chapter, only to the extent necessary to calculate qualified
state  expenditures  under paragraph seven of subdivision (a) of section
four hundred nine of the federal social security act or to document  the
proper  expenditure  of  federal temporary assistance for needy families
funds under section four hundred  three  of  such  act.  The  office  of
[temporary  and  disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY
may redisclose such information  to  the  United  States  department  of
health and human services only to the extent necessary to calculate such
qualified  state  expenditures  or to document the proper expenditure of
such federal temporary assistance  for  needy  families  funds.  Nothing
herein  shall  be construed to prohibit the delivery by the commissioner
to a commissioner of jurors, appointed pursuant to section five  hundred
four  of the judiciary law, or, in counties within cities having a popu-
lation of one million or more, to the county clerk of such county, of  a
mailing  list  of individuals to whom income tax forms are mailed by the
commissioner for the sole purpose of compiling  a  list  of  prospective
jurors  as  provided in article sixteen of the judiciary law.  Provided,
however, such delivery shall only be made pursuant to an  order  of  the
chief  administrator  of  the  courts, appointed pursuant to section two
hundred ten of the judiciary law. No such order  may  be  issued  unless
such  chief  administrator is satisfied that such mailing list is needed
to compile a proper list of prospective jurors for the county for  which
such  order  is sought and that, in view of the responsibilities imposed
by the various laws of the state on the department, it is reasonable  to
require  the commissioner to furnish such list. Such order shall provide
that such list shall be used for the sole purpose of compiling a list of
prospective jurors and that such commissioner of jurors, or such  county
clerk,  shall  take  all necessary steps to insure that the list is kept
confidential and that there is no unauthorized use or disclosure of such
list. Furthermore, nothing herein shall be  construed  to  prohibit  the
delivery to a taxpayer or his or her duly authorized representative of a
certified  copy  of any return or report filed in connection with his or

S. 3637                            16

her tax or to prohibit the publication of statistics so classified as to
prevent the identification of particular  reports  or  returns  and  the
items  thereof, or the inspection by the attorney general or other legal
representatives  of the state of the report or return of any taxpayer or
of any employer filed under section one hundred  seventy-one-h  of  this
chapter, where such taxpayer or employer shall bring action to set aside
or review the tax based thereon, or against whom an action or proceeding
under  this  chapter  or  under this chapter and article eighteen of the
labor law has been recommended by the commissioner, the commissioner  of
labor  with  respect  to unemployment insurance matters, or the attorney
general or has been instituted, or the  inspection  of  the  reports  or
returns  required  under  this article by the comptroller or duly desig-
nated officer or employee of the state department of audit and  control,
for  purposes  of  the  audit  of a refund of any tax paid by a taxpayer
under this article, or the furnishing to the state department  of  labor
of unemployment insurance information obtained or derived from quarterly
combined  withholding, wage reporting and unemployment insurance returns
required to  be  filed  by  employers  pursuant  to  paragraph  four  of
subsection  (a) of section six hundred seventy-four of this article, for
purposes of administration of such department's  unemployment  insurance
program,  employment  services program, federal and state employment and
training programs, employment statistics and  labor  market  information
programs,  worker  protection  programs,  federal programs for which the
department has  administrative  responsibility  or  for  other  purposes
deemed  appropriate  by  the  commissioner  of labor consistent with the
provisions of the labor law, and redisclosure  of  such  information  in
accordance  with  the provisions of sections five hundred thirty-six and
five hundred thirty-seven of the labor law or any other applicable  law,
or  the  furnishing  to  the  state  office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY of information obtained  or
derived  from New York state personal income tax returns as described in
paragraph (b) of subdivision two of section one hundred seventy-one-g of
this chapter for the purpose of reviewing support orders enforced pursu-
ant to title six-A of article three of the social services law to aid in
the determination of whether such orders  should  be  adjusted,  or  the
furnishing  of  information  obtained  from  the  reports required to be
submitted by employers  regarding  newly  hired  or  re-hired  employees
pursuant  to  section  one  hundred seventy-one-h of this chapter to the
state office of [temporary and disability assistance]  ECONOMIC  SUPPORT
AND OPPORTUNITY, the state department of health, the state department of
labor and the workers' compensation board for purposes of administration
of  the  child support enforcement program, verification of individuals'
eligibility for one or more of the programs specified in subsection  (b)
of  section  eleven  hundred thirty-seven of the federal social security
act and for other public assistance programs authorized  by  state  law,
and  administration  of  the  state's  employment  security and workers'
compensation programs, and to the national directory of new hires estab-
lished pursuant to section four hundred  fifty-three-A  of  the  federal
social  security  act for the purposes specified in such section, or the
furnishing to the state office of [temporary and disability  assistance]
ECONOMIC  SUPPORT  AND  OPPORTUNITY  of  the amount of an overpayment of
income tax and interest thereon certified to the comptroller to be cred-
ited against past-due support pursuant to section one  hundred  seventy-
one-c  of this chapter and of the name and social security number of the
taxpayer who made such overpayment, or the disclosing to the commission-
er of finance of the city of New York, pursuant to section  one  hundred

S. 3637                            17

seventy-one-l  of  this  chapter,  of  the  amount of an overpayment and
interest thereon certified to the comptroller to be credited  against  a
city  of  New  York tax warrant judgment debt and of the name and social
security  number  of  the  taxpayer  who  made  such overpayment, or the
furnishing to the New York state higher education  services  corporation
of  the  amount  of  an  overpayment  of income tax and interest thereon
certified to the comptroller to be credited  against  the  amount  of  a
default  in  repayment  of any education loan debt, including judgments,
owed to the federal or New York state government that is being collected
by the New York state higher education services corporation, and of  the
name  and  social security number of the taxpayer who made such overpay-
ment, or the furnishing to the state department of health of the  infor-
mation  required  by  paragraph  (f)  of subdivision two and subdivision
two-a of section two thousand five hundred eleven of the  public  health
law  and  by  subdivision eight of section three hundred sixty-six-a and
paragraphs (b) and (d) of  subdivision  two  of  section  three  hundred
sixty-nine-ee of the social services law, or the furnishing to the state
university  of  New York or the city university of New York respectively
or the attorney general on behalf of such state or city  university  the
amount of an overpayment of income tax and interest thereon certified to
the comptroller to be credited against the amount of a default in repay-
ment  of  a state university loan pursuant to section one hundred seven-
ty-one-e of this chapter and of the name and social security  number  of
the  taxpayer  who  made  such overpayment, or the disclosing to a state
agency, pursuant to section one hundred seventy-one-f of  this  chapter,
of  the  amount  of an overpayment and interest thereon certified to the
comptroller to be credited against a past-due legally  enforceable  debt
owed  to  such  agency and of the name and social security number of the
taxpayer who made such overpayment, or the furnishing  of  employee  and
employer  information obtained through the wage reporting system, pursu-
ant to section one hundred seventy-one-a of this chapter,  as  added  by
chapter  five  hundred forty-five of the laws of nineteen hundred seven-
ty-eight, to the state office of [temporary] ECONOMIC SUPPORT and [disa-
bility assistance] OPPORTUNITY, the department of health or to the state
office of the medicaid inspector general for the  purpose  of  verifying
eligibility  for and entitlement to amounts of benefits under the social
services law or similar law of  another  jurisdiction,  locating  absent
parents  or  other persons legally responsible for the support of appli-
cants for or recipients of public assistance and care under  the  social
services law and persons legally responsible for the support of a recip-
ient  of  services  under  section  one  hundred  eleven-g of the social
services law and, in appropriate cases, establishing support obligations
pursuant to the social services law and the family court act or  similar
provision  of  law of another jurisdiction for the purpose of evaluating
the effect on earnings of participation in employment, training or other
programs designed to promote self-sufficiency authorized pursuant to the
social services law by current recipients of public assistance and  care
and  by  former applicants and recipients of public assistance and care,
(except that with regard to former recipients, information which relates
to a particular former recipient shall be provided with client identify-
ing data deleted), and to the state department of labor, or other  indi-
viduals  designated by the commissioner of labor, for the purpose of the
administration of  such  department's  unemployment  insurance  program,
employment  services  program, federal and state employment and training
programs, employment statistics and labor market  information  programs,
worker  protection  programs,  federal programs for which the department

S. 3637                            18

has administrative responsibility or for other purposes deemed appropri-
ate by the commissioner of labor consistent with the provisions  of  the
labor  law,  and redisclosure of such information in accordance with the
provisions  of sections five hundred thirty-six and five hundred thirty-
seven of the labor law, or  the  furnishing  of  information,  which  is
obtained from the wage reporting system operated pursuant to section one
hundred  seventy-one-a of this chapter, as added by chapter five hundred
forty-five of the laws of nineteen hundred seventy-eight, to  the  state
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY so that it may furnish such information to  public  agencies
of  other  jurisdictions  with  which the state office of [temporary and
disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY has an agreement
pursuant to paragraph (h) or (i) of subdivision three of section  twenty
of  the  social  services law, and to the state office of [temporary and
disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY for the  purpose
of  fulfilling obligations and responsibilities otherwise incumbent upon
the state department of labor, under section one hundred twenty-four  of
the  federal  family  support  act  of nineteen hundred eighty-eight, by
giving the federal parent locator service,  maintained  by  the  federal
department  of health and human services, prompt access to such informa-
tion as required by such act, or to the state department  of  health  to
verify  eligibility  under  the  child health insurance plan pursuant to
subdivisions two and two-a of section two thousand five  hundred  eleven
of  the  public  health  law,  to  verify  eligibility under the medical
assistance and family health plus programs pursuant to subdivision eight
of section three hundred sixty-six-a  and  paragraphs  (b)  and  (d)  of
subdivision  two  of  section  three hundred sixty-nine-ee of the social
services law, and to verify eligibility  for  the  program  for  elderly
pharmaceutical  insurance  coverage  under title three of article two of
the elder law, or to the office of vocational and  educational  services
for  individuals  with  disabilities  of  the  education department, the
commission for the blind and visually handicapped and  any  other  state
vocational  rehabilitation  agency, for purposes of obtaining reimburse-
ment from the federal social security  administration  for  expenditures
made by such office, commission or agency on behalf of disabled individ-
uals who have achieved economic self-sufficiency or to the higher educa-
tion  services  corporation for the purpose of assisting the corporation
in default prevention and default collection  of  education  loan  debt,
including  judgments,  owed to the federal or New York state government;
provided, however, that such information shall be limited to the  names,
social  security  numbers,  home and/or business addresses, and employer
names of defaulted or delinquent student loan borrowers.
  Provided, however, that  with  respect  to  employee  information  the
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY shall only be furnished  with  the  names,  social  security
account  numbers  and  gross wages of those employees who are (A) appli-
cants for or recipients of benefits under the social  services  law,  or
similar  provision of law of another jurisdiction (pursuant to an agree-
ment under subdivision three of section twenty of  the  social  services
law) or, (B) absent parents or other persons legally responsible for the
support  of  applicants  for or recipients of public assistance and care
under the social services law or similar provision  of  law  of  another
jurisdiction  (pursuant  to  an  agreement  under  subdivision  three of
section twenty of the social  services  law),  or  (C)  persons  legally
responsible for the support of a recipient of services under section one
hundred  eleven-g of the social services law or similar provision of law

S. 3637                            19

of another jurisdiction (pursuant  to  an  agreement  under  subdivision
three  of  section  twenty of the social services law), or (D) employees
about whom wage reporting  system  information  is  being  furnished  to
public  agencies  of other jurisdictions, with which the state office of
[temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY
has  an  agreement pursuant to paragraph (h) or (i) of subdivision three
of section twenty of the social services law,  or  (E)  employees  about
whom wage reporting system information is being furnished to the federal
parent  locator  service, maintained by the federal department of health
and human services, for the purpose of  enabling  the  state  office  of
[temporary  and  disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY
to fulfill obligations and responsibilities otherwise incumbent upon the
state department of labor, under section one hundred twenty-four of  the
federal  family  support act of nineteen hundred eighty-eight, and, only
if, the office of [temporary and disability assistance] ECONOMIC SUPPORT
AND OPPORTUNITY certifies to the commissioner that such persons are such
applicants, recipients, absent parents or  persons  legally  responsible
for  support  or  persons about whom information has been requested by a
public agency of another jurisdiction or by the federal  parent  locator
service  and further certifies that in the case of information requested
under agreements with  other  jurisdictions  entered  into  pursuant  to
subdivision  three  of  section  twenty of the social services law, that
such request is in compliance with any applicable federal law. Provided,
further, that where the office of [temporary and disability  assistance]
ECONOMIC  SUPPORT  AND OPPORTUNITY requests employee information for the
purpose of evaluating  the  effects  on  earnings  of  participation  in
employment, training or other programs designed to promote self-suffici-
ency  authorized  pursuant  to  the  social  services law, the office of
[temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY
shall  only  be  furnished with the quarterly gross wages (excluding any
reference to the name, social security number or any  other  information
which  could be used to identify any employee or the name or identifica-
tion number of any employer) paid to employees who are former applicants
for or recipients of public assistance and care and who are so certified
to the commissioner by the commissioner of the office of [temporary  and
disability  assistance]  ECONOMIC  SUPPORT  AND OPPORTUNITY.   Provided,
further, that with respect to employee information,  the  department  of
health shall only be furnished with the information required pursuant to
the provisions of paragraph (f) of subdivision two and subdivision two-a
of section two thousand five hundred eleven of the public health law and
subdivision  eight  of  section three hundred sixty-six-a and paragraphs
(b) and (d) of subdivision two of section three hundred sixty-nine-ee of
the social services law, with respect to those individuals whose  eligi-
bility  under  the  child  health  insurance  plan,  medical  assistance
program, and family health plus program is to be determined pursuant  to
such  provisions  and with respect to those members of any such individ-
ual's household whose income affects such individual's  eligibility  and
who are so certified to the commissioner or by the department of health.
Provided, further, that wage reporting information shall be furnished to
the  office  of vocational and educational services for individuals with
disabilities of the education department, the commission for  the  blind
and  visually  handicapped and any other state vocational rehabilitation
agency only if such office, commission or agency, as applicable,  certi-
fies  to  the  commissioner that such information is necessary to obtain
reimbursement  from  the  federal  social  security  administration  for
expenditures  made  on  behalf of disabled individuals who have achieved

S. 3637                            20

self-sufficiency. Reports and returns shall be preserved for three years
and thereafter until the commissioner orders them to be destroyed.
  S  27.  Subdivision  1,  paragraphs  (a) and (c) of subdivision 3, and
subdivisions 4, 6, 7 and 9 of section 1613-a of the tax law, as  amended
by chapter 601 of the laws of 2007, are amended to read as follows:
  (1)  The  director  of  the  lottery, on behalf of the division of the
lottery, shall enter into a written agreement with the  commissioner  of
the office of [temporary and disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY,  on behalf of the state office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY, which shall set forth  the
procedures  for  crediting  any  lottery prize of six hundred dollars or
more awarded to an individual, estate or trust against past-due  support
owed  by  such  individual, estate or trust of which the director of the
lottery has been notified by the commissioner of the office  of  [tempo-
rary  and disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY pursu-
ant to the provisions of such agreement.
  (a) the procedure under which the state office of [temporary and disa-
bility assistance] ECONOMIC SUPPORT AND  OPPORTUNITY  shall  notify  the
division  of  the lottery of liability for past-due support, such proce-
dure to specify when the division of the lottery shall be  notified  and
the content of such notification;
  (c)  the procedure for reimbursement of the division of the lottery by
the state office  of  [temporary  and  disability  assistance]  ECONOMIC
SUPPORT AND OPPORTUNITY for the full cost of carrying out the procedures
authorized by this section; and
  (4)  Prior  to  awarding  any  lottery prize of six hundred dollars or
more, the division of the lottery shall review the notice  of  liability
of past-due support provided by the state office of [temporary and disa-
bility  assistance]  ECONOMIC  SUPPORT AND OPPORTUNITY. For each lottery
prize winner identified on such notice as an individual, estate or trust
owing past-due support, the lottery division shall credit to  the  state
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY such amount of the prize to satisfy  the  past-due  support,
and  any  remainder shall be awarded to the prize winner. In cases where
the prize winner owes past-due support to more than one person or  enti-
ty,  and  the total amount of past-due support provided in the notice of
liability of past-due support to the division  of  the  lottery  by  the
state  office  of [temporary and disability assistance] ECONOMIC SUPPORT
AND OPPORTUNITY exceeds the balance remaining, each such person or enti-
ty shall receive a pro rata share of the balance remaining,  such  share
to  be  based  on  the amount of past-due support owed to such person or
entity as provided to the division of the lottery by such office  pursu-
ant  to  this  section.  The  state  office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY shall  be  responsible  for
determining and distributing each person's or entity's pro rata share of
past-due support pursuant to regulations of such office.
  (6) The division of the lottery shall notify the prize winner in writ-
ing  of  the  total  amount  of the lottery prize winning to be credited
against past-due support and the remainder of such prize winning  to  be
awarded  to the prize winner. Such notice shall further advise the prize
winner that the office of [temporary and disability assistance] ECONOMIC
SUPPORT AND OPPORTUNITY shall provide separate notice,  in  writing,  to
the  prize winner of the procedure for and time frame by which the prize
winner may contest such crediting.
  (7) The office  of  [temporary  and  disability  assistance]  ECONOMIC
SUPPORT AND OPPORTUNITY shall notify the prize winner in writing, of the

S. 3637                            21

amount of such prize winning to be credited against past-due support and
the  procedure and time frame by which the prize winner may contest such
crediting based on defenses that are not subject to family court  juris-
diction.  Such  procedure shall include the address and telephone number
of the local department of  social  services'  support  collection  unit
which  may  be contacted with respect to correction of any error in such
crediting concerning such individual's, estate's  or  trust's  liability
for past-due support or with respect to payment of such liability.
  (9) From the time the division of the lottery is notified by the state
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY of an individual's, estate's or trust's liability for  past-
due  support under the agreement provided for in this section, the divi-
sion of the lottery and  the  department  shall  be  relieved  from  all
liability  to  such  individual, estate or trust, their assigns, succes-
sors, heirs or representatives for  the  amount  of  any  lottery  prize
winning  of  six hundred dollars or more certified to the comptroller to
be credited against past-due support  and  such  individual,  estate  or
trust shall have no right to commence a court action or proceeding or to
any  other  legal  recourse  against  the division of the lottery or the
department to recover such overpayment or such interest certified to the
comptroller to be credited against past-due support. Provided,  however,
nothing herein shall be construed to prohibit such individual, estate or
trust  from  proceeding against the state office of [temporary and disa-
bility assistance] ECONOMIC SUPPORT AND OPPORTUNITY or  the  appropriate
local  social services district to recover that part of such overpayment
or interest thereon so certified  to  the  comptroller  to  be  credited
against  past-due  support  which is greater than the amount of past-due
support owed by such individual, estate or trust on  the  date  of  such
certification.
  S  28.  Subdivision  1,  paragraphs  (a) and (b) of subdivision 2, and
subdivisions 3, 5, 6 and 7 of section 1613-b of the tax law, as  amended
by chapter 601 of the laws of 2007, are amended to read as follows:
  (1) Notwithstanding any limitations in section one hundred four of the
social services law, the director of the lottery, on behalf of the divi-
sion  of  the  lottery,  shall  enter  into a written agreement with the
commissioner of the office  of  [temporary  and  disability  assistance]
ECONOMIC  SUPPORT AND OPPORTUNITY, on behalf of the office of [temporary
and disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY, which shall
set forth the procedures for crediting any lottery prize of six  hundred
dollars  or  more  awarded  to  an individual against any and all public
assistance benefits which were given to or on behalf of such  individual
within  a  period of up to ten years prior to the issuance of such prize
of which the director of the lottery has been notified  by  the  commis-
sioner  of  the office of [temporary and disability assistance] ECONOMIC
SUPPORT AND OPPORTUNITY pursuant to the provisions  of  such  agreement;
provided,  however,  that in no event shall such credit to the office of
[temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY
exceed  fifty  percent  of  any  such lottery prize and provided further
that, unless otherwise determined cost effective by the commissioner  of
the office of [temporary and disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY  and  the  director  of  the lottery such procedure shall be
required only to the extent that and with respect to periods  for  which
it can be effected through automated type match.
  (a)  the procedure under which the office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY and  the  division  of  the
lottery  shall  exchange  information  concerning  lottery  winnings and

S. 3637                            22

persons liable for receipt of public assistance within the previous  ten
years;
  (b)  subject  to the approval of the director of the budget the proce-
dure for reimbursement of the division of the lottery by the  office  of
[temporary  and  disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY
for the additional cost of carrying out  the  procedures  authorized  by
this section;
  (3)  Prior  to  awarding  any  lottery prize of six hundred dollars or
more, the division of the lottery shall review the notice  of  liability
of  public assistance benefits paid provided by the office of [temporary
and disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY.   For  each
lottery  prize winner identified on such notice as an individual, who is
receiving or has received, within the last ten years, public  assistance
benefits,  the lottery division shall credit to the office of [temporary
and disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY such  amount
of  the  prize to satisfy the amount of public assistance benefits indi-
cated as received within the previous ten years, and any remainder shall
be awarded to the prize winner; provided,  however,  that  in  no  event
shall such credit to the office of [temporary and disability assistance]
ECONOMIC  SUPPORT  AND  OPPORTUNITY  exceed  fifty  percent  of any such
lottery prize.
  (5) The division of the lottery shall notify the prize winner in writ-
ing of the total amount of the lottery  prize  winning  to  be  credited
against  public  assistance  benefits  and  the  remainder of such prize
winning to be awarded to the prize winner.  Such  notice  shall  further
advise  the  prize  winner  that the office of [temporary and disability
assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY  shall  provide  separate
notice,  in  writing,  to the prize winner of the procedure for and time
frame by which the prize winner may contest such crediting.
  (6) The office  of  [temporary  and  disability  assistance]  ECONOMIC
SUPPORT AND OPPORTUNITY shall notify the prize winner in writing, of the
amount  of  such  prize winning to be credited against public assistance
benefits and the procedure and time frame by which the prize winner  may
contest  such  crediting.  Such  procedure shall include the address and
telephone number of the office of [temporary and disability  assistance]
ECONOMIC  SUPPORT  AND  OPPORTUNITY and who the prize winner may contact
with respect to correction of any error  in  such  crediting  concerning
such  individual's  liability  for  public  assistance  benefits or with
respect to payment of such liability.
  (7) From the time the division of  the  lottery  is  notified  by  the
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY of an individual's liability for public assistance  benefits
under  the  agreement  provided for in this section, the division of the
lottery shall be relieved from all liability to such  individual,  their
assigns,  successors,  heirs  or  representatives  for the amount of any
lottery prize winning of six hundred dollars or more  certified  to  the
comptroller  to  be credited against public assistance benefits and such
individual shall have no right to commence a court action or  proceeding
or  to  any  other legal recourse against the division of the lottery to
recover such lottery winnings certified to the comptroller to be credit-
ed against public assistance benefits. Provided, however, nothing herein
shall be construed to prohibit such individual from  proceeding  against
the office of [temporary and disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY  to  recover  that  part of such lottery winnings thereon so
certified to the comptroller to be credited  against  public  assistance
benefits  which is greater than the amount of public assistance benefits

S. 3637                            23

paid to such individual within ten years of the  date  of  such  certif-
ication.
  S  29.  Subdivision  1,  paragraphs (a), (c) and (e) of subdivision 3,
paragraphs (a) and (b) of subdivision 4, paragraph (ii)  of  subdivision
5,  and  subdivision  9  of  section 171-c of the tax law, as amended by
chapter 601 of the laws of 2007, are amended to read as follows:
  (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] ECONOMIC SUPPORT AND OPPORTUNITY,  on  behalf  of
the  state  office  of  [temporary  and  disability assistance] ECONOMIC
SUPPORT AND OPPORTUNITY, which shall set forth the procedures for  cred-
iting  any  overpayment  by an individual, estate or trust of income tax
imposed by article twenty-two of this chapter, city personal income  tax
on residents imposed pursuant to the authority of article thirty of this
chapter,  city income tax surcharge on residents imposed pursuant to the
authority of article thirty-A of this chapter and city earnings  tax  on
nonresidents  imposed  pursuant  to the authority of article thirty-B of
this chapter and the interest  on  such  overpayments  against  past-due
support  owed  by  such individual, estate or trust of which the commis-
sioner has been notified by the commissioner of the office of [temporary
and disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY pursuant  to
the provisions of such agreement.
  (a)  the  procedure  under  which  the state [department of] office of
[temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY
shall  notify  the  commissioner of liability for past-due support, such
procedure to specify when the commissioner shall  be  notified  and  the
content of such notification;
  (c)  the  procedure for reimbursement of the commissioner by the state
office of [temporary and disability  assistance]  ECONOMIC  SUPPORT  AND
OPPORTUNITY  for the full cost of carrying out the procedures authorized
by this section;
  (e) the procedure for reimbursement of the comptroller  by  the  state
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY for any overpayment and  interest  thereon  which  has  been
credited  against  past  due  support  owed by a taxpayer filing a joint
return, but which has been refunded  by  the  comptroller,  pursuant  to
paragraph six of subsection (b) of section six hundred fifty-one of this
chapter,  to  a  spouse not liable for the past due support owed by such
taxpayer.
  (a) With regard to persons owed past-due  support  who  are  receiving
services pursuant to title six-A of article three of the social services
law, no later than thirty days prior to the date a local social services
district  requests the state office of [temporary and disability assist-
ance] ECONOMIC SUPPORT AND OPPORTUNITY to notify the commissioner of the
liability of an individual, estate or trust for past-due  support,  such
district  shall  notify such individual, estate or trust in writing that
such request may be made and shall also notify him or it that he  or  it
may correct any error in such request and may avoid such notification by
the office of [temporary and disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY  to  the  commissioner  by  satisfying such liability within
thirty days of the date of the written  notice  from  the  local  social
services district to such individual, estate or trust. Such notice shall
also  set  forth  the  name  of an employee of the local social services
district, including  his  address  and  telephone  number,  who  may  be
contacted  with  respect  to  correction  of  any  error in such request

S. 3637                            24

concerning such individual's, estate's or trust's liability for past-due
support or with respect to payment of such liability.
  (b)  With  regard  to  persons owed past-due support who are receiving
services pursuant to title six-B of article three of the social services
law, no later than thirty days prior to the date  the  state  office  of
[temporary  and  disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY
notifies the commissioner of the liability of an individual,  estate  or
trust  for  past-due  support, such office shall notify such individual,
estate or trust in writing that such request may be made and shall  also
notify him or it that he or it may correct any error in such request and
may avoid such notification by such office to the commissioner by satis-
fying  such  liability  and submitting proof thereof satisfactory to the
office within thirty days of the date of the written  notice  from  such
office  to  such individual, estate or trust. Such notice shall also set
forth the name of an employee of  such  office,  including  his  or  her
address  and  telephone  number,  who  may  be contacted with respect to
correction of any error in such request  concerning  such  individual's,
estate's  or  trust's  liability for past-due support or with respect to
payment of such liability.
  (ii) Only the balance remaining, after such overpayment and the inter-
est thereon has been credited as described  in  paragraph  (i)  of  this
subdivision,  shall  be certified as an overpayment plus any interest to
be credited against past-due support, with the remainder to be  refunded
to  the taxpayer if such remainder is not required to satisfy the amount
of a default in repayment of a state university loan or city  university
loan  pursuant  to  section  one  hundred  seventy-one-e of this article
and/or the amount of a past-due legally  enforceable  debt  pursuant  to
section  one  hundred seventy-one-f of this article and/or a city of New
York tax warrant judgment debt pursuant to section one hundred  seventy-
one-l  of  this article and/or the amount of a default in repayment of a
guaranteed student loan pursuant to section one hundred seventy-one-d of
this article. In cases where the taxpayer owes past-due support to  more
than  one  person  or  entity,  and the total amount of past-due support
certified to the commissioner by the  state  office  of  [temporary  and
disability  assistance]  ECONOMIC  SUPPORT  AND  OPPORTUNITY exceeds the
balance remaining, each such person or entity shall receive a  pro  rata
share  of the balance remaining, such share to be based on the amount of
past-due support owed to such person  or  entity  as  certified  to  the
commissioner  by  such office pursuant to this section. The state office
of [temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTU-
NITY shall be responsible for determining and distributing each person's
or  entity's  pro rata share of past-due support pursuant to regulations
of such office.
  (9) From the time the commissioner is notified by the state office  of
[temporary  and  disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY
of an individual's, estate's or trust's liability for  past-due  support
under  the  agreement provided for in this section, the commissioner and
the department shall be relieved from all liability to such  individual,
estate or trust, their assigns, successors, heirs or representatives for
the  amount  of an over payment and interest on such amount certified to
the comptroller to be credited against past-due support and  such  indi-
vidual,  estate  or trust shall have no right to commence a court action
or proceeding or to any other legal recourse against the commissioner or
the department to recover such overpayment or such interest certified to
the comptroller to  be  credited  against  past-due  support.  Provided,
however,  nothing herein shall be construed to prohibit such individual,

S. 3637                            25

estate or trust from proceeding against the state office  of  [temporary
and  disability  assistance]  ECONOMIC  SUPPORT  AND  OPPORTUNITY or the
appropriate local social services district to recover that part of  such
overpayment  or  interest  thereon so certified to the comptroller to be
credited against past-due support which is greater than  the  amount  of
past-due support owed by such individual, estate or trust on the date of
such certification.
  S  30.  Paragraph  (b-1)  of subdivision 5 of section 171-f of the tax
law, as added by chapter 714 of the laws of 2004, is amended to read  as
follows:
  (b-1)  No taxpayer who has applied for, and is eligible for, an earned
income tax credit under subsection (d) of section  six  hundred  six  of
this  chapter  shall  have  more than ten percent of any tax overpayment
credited against a past due legally enforceable debt owed to the  office
of  [temporary  and disability assistance] ECONOMIC SUPPORT AND OPPORTU-
NITY for an overpayment  of  public  assistance  unless  such  debt  was
incurred  as a result of false or misleading statements or other grounds
set forth in section one hundred forty-five-c  of  the  social  services
law, which led to a sanction under such section.
  S  31. Subdivision 1, and paragraphs (a), (b), (c) and (d) of subdivi-
sion 2 of section 171-g of the tax law, as amended by chapter 601 of the
laws of 2007, are amended to read as follows:
  (1) The commissioner shall enter into a  written  agreement  with  the
commissioner  of  the  office  of  [temporary and disability assistance]
ECONOMIC SUPPORT AND OPPORTUNITY, on behalf of the office of  [temporary
and disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY, which shall
set  forth  the  procedures  for  providing  information limited to that
described in paragraph (b) of subdivision two of this  section  obtained
or  derived  from  taxpayer returns for the purpose of reviewing support
orders enforced pursuant to title six-A of article three of  the  social
services law.
  (a)  the procedure under which the office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY shall notify the department
of the identity of those individuals subject to a review of their  court
orders of support pursuant to section one hundred eleven-h of the social
services law, including the requirement that such individuals be identi-
fied  by  name  and  social  security number, and shall specify when the
department shall be notified and the content of such notification;
  (b) a description of the specific  information  the  department  shall
provide  to the office of [temporary and disability assistance] ECONOMIC
SUPPORT AND OPPORTUNITY with regard to individuals  identified  pursuant
to  paragraph (a) of this subdivision, which shall be limited to federal
adjusted gross income and New York adjusted  gross  income  obtained  or
derived  from the most recently filed New York state personal income tax
return, the name, address and social security number of the taxpayer and
an indication of whether such income tax return was filed jointly;
  (c) a requirement that the office of [temporary and disability assist-
ance] ECONOMIC SUPPORT AND OPPORTUNITY maintain a record of all requests
for tax information made pursuant to this section;
  (d) the procedure for reimbursement of the department by the office of
[temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY
for  the  full  costs  of carrying out the procedures authorized by this
section; and
  S 32. Paragraph (c) of subdivision 4 of section 171-h of the tax  law,
as  amended  by  chapter  601 of the laws of 2007, is amended to read as
follows:

S. 3637                            26

  (c) make automated comparisons of social security numbers between  the
state  directory  of new hires and the state case registry maintained by
the office of [temporary and disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY for administration of the child support enforcement  program
and,  where there is a match, provide the office of [temporary and disa-
bility assistance] ECONOMIC  SUPPORT  AND  OPPORTUNITY  with  the  name,
address,  and  social security number of the employee to whom the social
security number is assigned, and the name and address  of  the  employer
and  the  employer's  identifying  number assigned to the employer under
section six thousand nine of the internal revenue code of  1986,  within
one  business  day  after  the  date the information is entered into the
state directory of new hires;
  S 33. Subdivision 1, subparagraph (ii) of paragraph (a) and paragraphs
(b), (c), (d), (e), (f) and (g) of subdivision 2, the opening  paragraph
and  paragraph  (a)  of  subdivision  3, subdivision 4, paragraph (b) of
subdivision 5, and subdivisions 6, 7 and 8 of section 171-i of  the  tax
law,  as amended by chapter 601 of the laws of 2007, are amended to read
as follows:
  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] ECONOMIC SUPPORT AND OPPORTUNITY,  on  behalf  of
the office of [temporary and disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY,  which shall set forth the procedures for the department to
collect child support and combined child and spousal support arrears.
  (ii) cases with support arrears, notwithstanding the  amount  of  such
arrears, selected by the support collection unit for referral consistent
with this section, in consultation with the department and the office of
[temporary and disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY;
  (b)  the  procedures and criteria under which the office of [temporary
and disability assistance] ECONOMIC  SUPPORT  AND  OPPORTUNITY  and  the
department  shall  identify  cases  to be referred to the department for
enforcement;
  (c) the procedure under which the office of [temporary and  disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY shall notify and update the
commissioner of an obligor's liability for support arrears;
  (d)  the  procedures by which the department and the office of [tempo-
rary and disability assistance] ECONOMIC SUPPORT AND  OPPORTUNITY  shall
coordinate their support enforcement activities;
  (e)  the  procedures  by  which  the department notifies the office of
[temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY
of  monies  collected and remits such monies to the office of [temporary
and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY  or  their
fiscal  agent  for  distribution  to  the appropriate support collection
units;
  (f) the procedure under which the commissioner shall  be  notified  by
the office of [temporary and disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY that an obligor has satisfied his or her support arrears;
  (g) the procedure under which the department and the office of [tempo-
rary  and  disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY shall
provide notification to the other or to the support collection  unit  of
the office of [temporary and disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY  of  any  information  with  regard to an obligor's address,
income, or employment, or identification of assets which may be  subject
to enforcement by such support collection unit or by the department;
  The  office  of [temporary and disability assistance] ECONOMIC SUPPORT
AND OPPORTUNITY shall send a notice by first  class  mail  to  the  last

S. 3637                            27

known  address  or such other place where a support obligor is likely to
receive notice, no later than thirty days prior to the date  the  office
of  [temporary  and disability assistance] ECONOMIC SUPPORT AND OPPORTU-
NITY  notifies  the commissioner of such obligor's liability for support
arrears. Such notice shall provide:
  (a) that such obligor can avoid notification by the office of  [tempo-
rary  and disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY to the
commissioner by fully satisfying the support  arrears  or  by  complying
with  such  other  requirements  as  is provided for in paragraph (d) of
subdivision fifteen of  section  one  hundred  eleven-b  of  the  social
services law; and
  4.  Upon  receipt  of  notification  from the office of [temporary and
disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY of an  obligor's
eligibility  for  enforcement  of support arrears by the department, the
commissioner or his or her agent is authorized to  initiate  enforcement
of such arrears. When such notification is made to the commissioner, the
department  shall  be  deemed  to  have obtained a judgment against such
obligor for the full amount of the support arrears stated in such notice
and any subsequent arrears which may  become  due.  The  department  may
enforce  the  judgment thereby obtained with like effect and in the same
manner prescribed by this chapter for the collection of  tax  assessment
eligible to be docketed under this chapter as a warrant, except that any
payment made by the support obligor to the department to satisfy support
arrears shall be paid over by the department to the office of [temporary
and  disability  assistance]  ECONOMIC  SUPPORT  AND  OPPORTUNITY or its
fiscal agent for distribution  to  the  appropriate  support  collection
unit.  Where  the  sum collected by the department exceeds the amount of
the support arrears, and the support obligator also has a  liability  in
respect  of  any  tax, fee or other imposition imposed by or pursuant to
the authority of this chapter or any other law if such tax, fee or other
imposition is administered by the commissioner, the department may cred-
it such excess against such liability.
  (b) Notwithstanding anything to the contrary contained in  the  confi-
dentiality  provisions  of  this chapter, the department may furnish the
office of [temporary and disability  assistance]  ECONOMIC  SUPPORT  AND
OPPORTUNITY   or  the  support  collection  unit  with  the  information
described in paragraph (g) of subdivision two of this section  regarding
a  support  obligor whose case has been referred to the commissioner for
enforcement pursuant to this section. The office of [temporary and disa-
bility assistance] ECONOMIC  SUPPORT  AND  OPPORTUNITY  or  the  support
collection  unit, as applicable, may redisclose such information only to
the extent necessary to secure the collection of  support  arrears  from
such obligor.
  6.  Activities to enforce support arrears undertaken by the department
pursuant to this section shall not in any way limit, restrict or  impair
the office of [temporary and disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY  from  exercising  its  authority to enforce support arrears
under applicable laws; provided, however, that the  department  and  the
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY shall coordinate their support enforcement activities  in  a
way  designed  to minimize duplication of effort and maximize collection
of support arrears.
  7. If, following referral of an obligor's case  to  the  commissioner,
such obligor commences an administrative or quasi-judicial proceeding or
any  civil  proceeding  against the department or the commissioner chal-
lenging such referral, then the  office  of  [temporary  and  disability

S. 3637                            28

assistance] ECONOMIC SUPPORT AND OPPORTUNITY and the commissioner of the
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY shall be substituted as respondents or  defendants  in  such
proceeding,  as  the  case  may be. The department shall be bound by any
decision in such proceeding which is no longer subject to administrative
or quasi-judicial review. Neither the department  nor  the  commissioner
shall be liable for any damages sustained by reason of such referral.
  8.  Notwithstanding any provision of law to the contrary, a payment of
support arrears made to the department pursuant  to  the  provisions  of
this  section  shall  be  deemed  to be a payment of such arrears to the
office of [temporary and disability  assistance]  ECONOMIC  SUPPORT  AND
OPPORTUNITY or its fiscal agent.
  S 34. Subdivisions 2 and 3 of section 4 of the banking law, as amended
by chapter 601 of the laws of 2007, are amended to read as follows:
  2. If requested by an authorized representative of the state office of
[temporary  and disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY,
or a social services district child support enforcement unit established
pursuant to section one hundred eleven-c of the social services law, the
officials of any financial institution, as defined in paragraph  one  of
subdivision  (d)  of  section  four  hundred sixty-nine A of the federal
social security act, shall enter into an agreement with the state office
of [temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTU-
NITY  or  a  social  services district child support enforcement unit to
develop and operate a data match system, using automated data  exchanges
to the maximum extent feasible, in which each such financial institution
shall provide for each calendar quarter the name, record address, social
security number or other taxpayer identification number, and other iden-
tifying  information  for each individual who maintains a demand deposit
account,  checking  or  negotiable  withdrawal  order  account,  savings
account,  time  deposit  account, or money-market mutual fund account at
such institution and who owes past-due support,  as  identified  by  the
state  office  of [temporary and disability assistance] ECONOMIC SUPPORT
AND OPPORTUNITY or a social services district child support  enforcement
unit by name and social security number or other taxpayer identification
number. Nothing herein shall be deemed to limit the authority of a local
social services district support collection unit pursuant to section one
hundred eleven-h of the social services law.
  3.  No  financial  institution which discloses information pursuant to
subdivision two of this section, or discloses any  financial  record  to
the  state  office  of  [temporary  and  disability assistance] ECONOMIC
SUPPORT AND OPPORTUNITY or a child support enforcement unit of a  social
services  district  for  the  purpose of enforcing a child support obli-
gation of such person, shall be liable under any law to any  person  for
such  disclosure,  or for any other action taken in good faith to comply
with subdivision two of this section.
  S 35. Paragraph 2 of subdivision (b) of  section  2308  of  the  civil
practice  law  and rules, as amended by chapter 601 of the laws of 2007,
is amended to read as follows:
  (2) Notwithstanding the provisions of paragraph one of  this  subdivi-
sion,  if  a  person  fails to comply with a subpoena issued pursuant to
section one hundred eleven-p of the social services law by the office of
[temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY
or  a  social  services  district,  or its authorized representative, or
another state's child support enforcement agency governed by title  IV-D
of  the  social  security  act, such office or district is authorized to
impose a penalty against the subpoenaed person. The amount of the penal-

S. 3637                            29

ty shall be determined by the commissioner of the office  of  [temporary
and  disability  assistance]  ECONOMIC  SUPPORT  AND OPPORTUNITY and set
forth in regulation, and shall not exceed fifty dollars. Payment of  the
penalty  shall  not be required, however, if in response to notification
of the imposition of the penalty the subpoenaed  person  complies  imme-
diately with the subpoena.
  S  36. Paragraph (f) of rule 4518 of the civil practice law and rules,
as amended by chapter 601 of the laws of 2007, is  amended  to  read  as
follows:
  (f)  Notwithstanding any other provision of law, records or reports of
support payments and disbursements maintained pursuant to title six-A of
article three of the social services law by the office of [temporary and
disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY  or  the  fiscal
agent  under  contract  to  the  office for the provision of centralized
collection and disbursement functions are admissible in  evidence  under
this  rule,  provided that they bear a certification by an official of a
social services district attesting to the accuracy of the content of the
record or report of support payments and that in attesting to the  accu-
racy  of  the  record  or report such official has received confirmation
from the  office  of  [temporary  and  disability  assistance]  ECONOMIC
SUPPORT AND OPPORTUNITY or the fiscal agent under contract to the office
for  the  provision of centralized collection and disbursement functions
pursuant to section one hundred eleven-h of the social services law that
the record or report of support payments reflects the processing of  all
support  payments in the possession of the office or the fiscal agent as
of a specified date, and that the document is  a  record  or  report  of
support  payments maintained pursuant to title six-A of article three of
the social services law. If so certified, such record or report shall be
admitted into evidence under this rule without the need  for  additional
foundation  testimony.  Such records shall be the basis for a permissive
inference of the facts contained therein unless the trier of fact  finds
good cause not to draw such inference.
  S  37.  Subparagraph (ii) of paragraph 3 of subdivision (b) of section
5241 of the civil practice law and rules, as amended by chapter  601  of
the laws of 2007, is amended to read as follows:
  (ii)  if  such  a  parent is enrolled but fails to make application to
obtain coverage of such dependent child, immediately enroll such depend-
ent child under such health benefit coverage upon  application  by  such
child's  other  parent  or  by  the  office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY or social services district
furnishing medical assistance to such child, and
  S 38. Paragraph 1 and the opening paragraph of paragraph 2 of subdivi-
sion (c) of section 5242 of the civil practice law and rules, as amended
by chapter 601 of the laws of 2007, are amended to read as follows:
  (1) When the court enters an order of support  on  behalf  of  persons
other  than  those  in  receipt  of  public  assistance or in receipt of
services pursuant to section one hundred eleven-g of the social services
law, or registers pursuant to article five-B of the family court act  an
order  of  support  which  has been issued by a foreign jurisdiction and
which is not to be enforced pursuant to title six-A of article three  of
the  social services law, where the court determines that the respondent
earns wages that could be subject to  an  income  deduction  order,  the
court  shall  issue  an  income deduction order to obtain payment of the
order at the same time it issues or registers the order. The court shall
enter the income deduction order unless the court finds and  sets  forth
in writing (i) the reasons that there is good cause not to require imme-

S. 3637                            30

diate  income  withholding;  or  (ii) that an agreement providing for an
alternative arrangement has  been  reached  between  the  parties.  Such
agreement  may  include a written agreement or an oral stipulation, made
on  the  record,  that  results in a written order. For purposes of this
subdivision, good cause shall mean substantial harm to the  debtor.  The
absence  of  an  arrearage  or  the mere issuance of an income deduction
order shall not constitute good cause. When the  court  determines  that
there  is  good cause not to issue an income deduction order immediately
or when the parties agree to an alternative arrangement as  provided  in
this  paragraph, the court shall state expressly in the order of support
the basis for its decision. In entering the income deduction order,  the
court  shall  specify an amount to be withheld by the debtor's employer,
which shall be sufficient to ensure compliance with the order of support
and also shall include  an  additional  amount  to  be  applied  to  the
reduction  of  arrears,  if any, and shall specify the names, addresses,
and social security numbers of the parties to the support proceeding and
the mailing address of the unit within the state  office  of  [temporary
and  disability  assistance] ECONOMIC SUPPORT AND OPPORTUNITY designated
to receive such deductions. The court  shall  transmit  copies  of  such
order to the parties and to such unit.
  An  employer served with an income deduction order entered pursuant to
this subdivision shall commence deductions from the income due or there-
after due to the debtor no later than the first pay period  that  occurs
fourteen  days  after  service  of the income deduction order, and shall
remit payments to the state office of [temporary and disability  assist-
ance]  ECONOMIC SUPPORT AND OPPORTUNITY pursuant to subdivision fourteen
of section one hundred eleven-b of the social services  law  within  ten
days  of  the date that the debtor is paid. Each payment remitted by the
employer shall be made payable to the creditor named in the  order,  and
shall  include  the names, addresses, and social security numbers of the
debtor and the creditor, and the date and the amount of each withholding
of the debtor's income included in the payment.  An  employer  shall  be
liable  to  the  creditor for failure to deduct the amounts specified in
the income deduction order,  provided  however  that  deduction  by  the
employer  of  the  amounts specified shall not relieve the debtor of the
underlying obligation of support. If an employer shall fail  to  so  pay
the creditor, the creditor may commence a proceeding against the employ-
er  for accrued deductions, together with interest and reasonable attor-
ney's fees. If the debtor's employment is terminated by  resignation  or
dismissal  at  any time after service of the income deduction order, the
order shall cease to have force and effect unless the  debtor  is  rein-
stated  or re-employed by the same employer. An employer must notify the
creditor promptly when the debtor terminates employment and must provide
the debtor's last address and the name and address of the  debtor's  new
employer,  if known. Where the income is compensation paid or payable to
the debtor for personal services, the amount withheld  by  the  employer
shall not exceed the following:
  S  39.  Paragraph (a) of subdivision 1 of section 169 of the executive
law, as amended by section 1 of part F of chapter  56  of  the  laws  of
2005, is amended to read as follows:
  (a)  commissioner of correctional services, commissioner of education,
commissioner of health, commissioner of mental health,  commissioner  of
mental retardation and developmental disabilities, commissioner of chil-
dren  and  family  services,  commissioner  of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY, chancellor  of  the  state
university  of New York, commissioner of transportation, commissioner of

S. 3637                            31

environmental conservation, superintendent of state police, and  commis-
sioner of general services;
  S  40.  Paragraph (a) of subdivision 6 of section 256 of the executive
law, as amended by chapter 601 of the laws of 2007, is amended  to  read
as follows:
  (a)  Each  probation agency or department and state operated probation
services  shall  provide  for  intake,  investigation,  supervision  and
conciliation  services  relating  to  custody,  visitation and paternity
proceedings and may provide for such  services  in  support  proceedings
under the provisions of articles four, five, five-A and six of the fami-
ly  court  act.  For  purposes of this subdivision, intake services: (i)
relating to support proceedings  under  article  four  and  relating  to
paternity proceedings under articles five and five-A of the family court
act,  shall  include referral to the office of [temporary and disability
assistance's] ECONOMIC SUPPORT AND OPPORTUNITY'S child support  enforce-
ment  unit  in  cases where a person is applying for or receiving public
assistance or where a person chooses to utilize  the  services  of  such
unit;  (ii)  relating  to  support proceedings under article four of the
family court act, shall include  services  rendered  to  the  payors  of
support orders seeking to modify such orders.
  S 41. Section 354-a of the executive law, as amended by chapter 355 of
the laws of 2004, is amended to read as follows:
  S 354-a. Information  on  status  of  veterans  receiving  assistance.
Departments, divisions, bureaus, boards, commissions and agencies of the
state and political  subdivisions  thereof,  which  provide  assistance,
treatment,  counseling,  care,  supervision  or custody in service areas
involving health, mental health, family services,  criminal  justice  or
employment,  including  but  not limited to the office of alcoholism and
substance abuse services, office of mental health, division of probation
and correctional alternatives, office of children and  family  services,
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY, department of health, department of labor, local  workforce
investment  boards, office of mental retardation and developmental disa-
bilities, department of correctional services and  division  of  parole,
shall  request  assisted  persons  to provide information with regard to
their veteran status and military experiences.  Individuals  identifying
themselves  as  veterans shall be advised that the division of veterans'
affairs and local veterans' service  agencies  established  pursuant  to
section  three hundred fifty-seven of this article provide assistance to
veterans regarding benefits under federal  and  state  law.  Information
regarding  veterans  status  and  military  service provided by assisted
persons solely to implement this section shall be protected as  personal
confidential  information under article six-A of the public officers law
against disclosure of confidential material, and used only to assist  in
the diagnosis, treatment, assessment and handling of the veteran's prob-
lems  within the agency requesting such information and in referring the
veteran to the division of veterans' affairs for information and assist-
ance with regard to benefits and entitlements under  federal  and  state
law.
  S  42. Subdivision 4 of section 532-a of the executive law, as amended
by section 14 of part E of chapter 57 of the laws of 2005, is amended to
read as follows:
  4. "Approved runaway program" shall mean any  non-residential  program
approved  by the office of children and family services after submission
by the county youth bureau, as part of its comprehensive  plan,  or  any
residential  facility  which  is  operated  by  an  authorized agency as

S. 3637                            32

defined in subdivision ten of section three hundred seventy-one  of  the
social  services  law, and approved by the office of children and family
services after submission by the county youth  bureau  as  part  of  its
comprehensive  plan,  established  and  operated  to provide services to
runaway and homeless youth in accordance with  the  regulations  of  the
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY and  the  office  of  children  and  family  services.  Such
programs  may also provide non-residential crisis intervention and resi-
dential respite services to youth in  need  of  crisis  intervention  or
respite  services,  as  defined  in  this section.   Residential respite
services in an approved runaway program may be provided for no more than
twenty-one days in accordance with the  regulations  of  the  office  of
children and family services.
  S  43.  Subdivision  (f)  of  section  532-e  of the executive law, as
amended by chapter 182 of the laws  of  2002,  is  amended  to  read  as
follows:
  (f) develop and promulgate regulations in consultation with the office
of  [temporary  and disability assistance] ECONOMIC SUPPORT AND OPPORTU-
NITY concerning the provision of services  by  transitional  independent
living support programs consistent with the provisions of this article.
  S 44. Subdivision 5 of section 454 of the family court act, as amended
by chapter 601 of the laws of 2007, is amended to read as follows:
  5.  The court may review a support collection unit's denial of a chal-
lenge made by a support obligor pursuant to paragraph (d) of subdivision
twelve of section one hundred eleven-b of the  social  services  law  if
objections  thereto  are  filed  by  a  support obligor who has received
notice that the office of [temporary and disability assistance] ECONOMIC
SUPPORT AND OPPORTUNITY intends to notify the department of motor  vehi-
cles  that the support obligor's driving privileges are to be suspended.
Specific written objections to a support collection unit's denial may be
filed by the support obligor within thirty-five days of the  mailing  of
the  notice  of  the support collection unit's denial. A support obligor
who files such objections shall serve a copy of the objections upon  the
support  collection unit, which shall have ten days from such service to
file a written rebuttal to such objections and a copy of the record upon
which the support collection  unit's  denial  was  made,  including  all
documentation  submitted  by the support obligor. Proof of service shall
be filed with the court at the time of  filing  of  objections  and  any
rebuttal.  The  court's  review  shall  be  based  upon  the  record and
submissions of the support obligor and the support collection unit  upon
which  the  support collection unit's denial was made. Within forty-five
days after the rebuttal, if any, is filed, the family court judge  shall
(i)  deny  the  objections  and remand to the support collection unit or
(ii) affirm the objections if the court finds the determination  of  the
support  collection unit is based upon a clearly erroneous determination
of fact or error of law, whereupon the court shall  direct  the  support
collection  unit  not  to  notify  the  department  of motor vehicles to
suspend the support obligor's driving privileges. Provisions  set  forth
herein relating to procedures for appeal to the family court by individ-
uals  subject  to  suspension  of  driving privileges for failure to pay
child support shall apply solely to such cases and not affect or  modify
any  other  procedure for review or appeal of administrative enforcement
of child support requirements.
  S 45. Paragraphs 1 and 2 of subsection  (e)  of  section  320  of  the
insurance  law,  as  amended  by  chapter  601  of the laws of 2007, are
amended to read as follows:

S. 3637                            33

  (1) Every insurer doing an insurance business in  this  state  or  any
pension fund, retirement system or other organization required by law to
make  reports  to, or which is subject to examination by, the department
shall, upon request of an authorized representative of the state  office
of  [temporary  and disability assistance] ECONOMIC SUPPORT AND OPPORTU-
NITY, or a social  services  district  child  support  enforcement  unit
established  pursuant  to  section  one  hundred  eleven-c of the social
services law, enter into an agreement with the state office  of  [tempo-
rary  and  disability  assistance] ECONOMIC SUPPORT AND OPPORTUNITY or a
social services district to develop and operate  a  data  match  system,
using  automated data exchanges to the maximum extent feasible, in which
each such insurer, pension fund, retirement system or other organization
shall provide for each calendar quarter the name, record address, social
security number or other taxpayer identification number, and other iden-
tifying information for each individual who maintains a  demand  deposit
account,  checking  or  negotiable  withdrawal  order  account,  savings
account, time deposit account, or money-market mutual  fund  account  at
such  institution  and  who  owes past-due support, as identified by the
state office of [temporary and disability assistance]  ECONOMIC  SUPPORT
AND  OPPORTUNITY or a social services district child support enforcement
unit by name and social security number or other taxpayer identification
number. Nothing herein shall be deemed to limit the authority of a local
social services district support collection unit pursuant to section one
hundred eleven-h of the social services law.
  (2) No insurer, pension fund, retirement system or other  organization
which   discloses   information   pursuant  to  paragraph  one  of  this
subsection, or discloses any financial record to  the  state  office  of
[temporary  and  disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY
or a social services district child support  enforcement  unit  for  the
purpose of enforcing a child support obligation of such person, shall be
liable under any law to any person for such disclosure, or for any other
action  taken  in  good  faith  to  comply  with  paragraph  one of this
subsection.
  S 46. Paragraph e of subdivision 3 of section 537 of the labor law, as
amended by chapter 601 of the laws  of  2007,  is  amended  to  read  as
follows:
  e.  Nothing  herein  shall  be construed to prohibit the disclosure of
claim information as defined in subparagraph (ii) of paragraph d of this
subdivision to the "state directory of new hires," as established  under
section  one hundred seventy-one-h of the tax law as amended, and to the
state office of [temporary and disability assistance]  ECONOMIC  SUPPORT
AND OPPORTUNITY for disseminating to support collection units designated
by  social  services  districts  or their duly authorized agents for all
purposes designated by the personal responsibility and  worker  opportu-
nity reconciliation act of 1996, public law 104-193. The cost of provid-
ing  such  claim information shall be reimbursed consistent with federal
law and regulations.
  S 47. Section 540 of the labor law, as amended by chapter 601  of  the
laws of 2007, is amended to read as follows:
  S  540.   Informational pamphlet about food stamp program. The commis-
sioner shall establish procedures whereby each person who files a  claim
for  unemployment  insurance pursuant to section five hundred ninety-six
of this article, shall receive an informational leaflet about  the  food
stamp  program  provided  by  the  office  of  [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY pursuant to subdivision six
of section ninety-five-a of the social services law.

S. 3637                            34

  S 48. Subdivisions 1 and 2 of section 65 of the lien law,  as  amended
by chapter 624 of the laws of 2002, are amended to read as follows:
  1.  The New York state office of [temporary and disability assistance]
ECONOMIC SUPPORT AND OPPORTUNITY, or a local social  services  district,
or  its  authorized  representative,  on  behalf  of  persons  receiving
services under title six-A of article three of the social services  law,
shall  have a lien against real property owned by a support obligor when
such support obligor is or was under a court order to pay child  support
or  combined  child and spousal support to a support collection unit and
such support obligor has accumulated support arrears/past due support in
an amount equal to or greater than the amount of support due pursuant to
such order for a period of four months. Such lien shall be in an  amount
sufficient  to  satisfy  the support arrears/past due support. Such lien
shall be enforceable upon filing a notice of lien in the office  of  the
clerk  of  the county in which real property subject to any such lien is
situated. In the event the real property is located  in  more  than  one
county,  filing  shall  occur  in the office of the clerk in each county
where the real property is situated. The county  clerk  of  each  county
shall  accept and maintain the notice of lien as part of a comprehensive
index of liens against real property. If a child support obligor against
whom a lien is filed subsequently acquires an interest in real property,
the lien shall be perfected and have effect upon the recording or filing
of the instrument by which such interest  is  obtained.  The  filing  of
notice  of lien or a release of lien may be done by electronic means and
without payment of a fee.
  2. Said lien shall terminate upon  payment  in  full  of  all  support
arrears/past  due  support.  The  office  of  [temporary  and disability
assistance] ECONOMIC  SUPPORT  AND  OPPORTUNITY  or  a  social  services
district  or  its  authorized  representative may file a release of lien
against specified property, which action shall not of itself discharge a
lien arising by operation of law.
  S 49. Subdivision 1 of section 211 of the  lien  law,  as  amended  by
chapter 624 of the laws of 2002, is amended to read as follows:
  1.  The New York state office of [temporary and disability assistance]
ECONOMIC SUPPORT AND OPPORTUNITY, or a local social  services  district,
or its authorized representative on behalf of persons receiving services
under title six-A of article three of the social services law shall have
a  lien  against  personal property owned by a support obligor when such
support obligor is or was under a court order to pay  child  support  or
combined child and spousal support to a support collection unit and such
support  obligor  has accumulated support arrears/past due support in an
amount equal to or greater than the amount of support  due  pursuant  to
such  order for a period of four months. Such lien shall be in an amount
sufficient to satisfy such support arrears/past due support.  Said  lien
shall  be  perfected in the case of a vehicle as that term is defined in
section two thousand one hundred one of the vehicle and traffic law with
the department of motor vehicles. The filing of a notice of lien or of a
release of lien shall be completed without payment of a fee. The  filing
of notice of lien or release of lien may be done by electronic means.
  S  50.  Section  65-a of the public service law, as amended by chapter
601 of the laws of 2007, is amended to read as follows:
  S 65-a. Notification to  social  services  officials.  The  commission
shall,  to  the  extent not inconsistent with other requirements of law,
establish requirements relating to the notification  of  an  appropriate
social  services  official by a gas corporation, electric corporation or
municipality that  payment  for  utility  services  furnished  a  person

S. 3637                            35

receiving  public  assistance,  supplemental security income benefits or
additional state payments pursuant to the social services  law  has  not
been made and such person is known by the corporation or municipality to
be  a recipient of such assistance, benefits or payments. The commission
shall consult with the office of [temporary and  disability  assistance]
ECONOMIC  SUPPORT  AND  OPPORTUNITY in fulfilling the objectives of this
section.
  S 51. Subdivision 3-c of section 89-b of the public  service  law,  as
amended  by  chapter  601  of  the  laws  of 2007, is amended to read as
follows:
  3-c. It shall be unlawful for any water-works corporation  to  discon-
tinue  the  supply  of  water  to  any person or entity receiving public
assistance, for nonpayment of bills rendered for service, if the payment
for such service is to be paid directly by the office of [temporary  and
disability  assistance]  ECONOMIC  SUPPORT AND OPPORTUNITY or the social
services official in such locality.
  S 52. Subparagraph (i) of paragraph (b) of subdivision  2  of  section
745  of  the  real  property  actions and proceedings law, as amended by
chapter 601 of the laws of 2007, is amended to read as follows:
  (i) The court shall not require the respondent to deposit the  portion
of rent or use and occupancy, if any, which is payable by direct govern-
ment  housing  subsidy,  any currently effective senior citizen increase
exemption authorized pursuant to sections four hundred sixty-seven-b and
four hundred sixty-seven-c of the real property tax law, direct  payment
of rent or a two-party check issued by a social services district or the
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY, or rental assistance that  is  payable  pursuant  to  court
orders  issued  in litigation commenced in nineteen hundred eighty-seven
in a proceeding in which the amount of shelter allowance is at issue  on
behalf  of  recipients of family assistance. In the event the respondent
or other adult member of  the  respondent's  household  receives  public
assistance  pursuant  to title three or title ten of article five of the
social services law, the respondent shall, when directed by the court to
deposit rent and use or occupancy, only be required to deposit with  the
court  the amount of the shelter allowance portion of the public assist-
ance grant issued by the office of [temporary and disability assistance]
ECONOMIC SUPPORT AND OPPORTUNITY or a social services district.  In  the
event  the  respondent receives supplemental security income pursuant to
title sixteen of the federal social security act and title six of  arti-
cle  five  of  the  social  services  law,  the respondent shall only be
required to deposit  one-third  of  the  monthly  supplemental  security
income payment.
  S  53.  Subdivision  2  of  section  91-c of the state finance law, as
amended by chapter 601 of the laws  of  2007,  is  amended  to  read  as
follows:
  2. In addition to any other payments from the account, the comptroller
shall  remit overpayments of grants and allowances of public assistance,
as determined by the office of  [temporary  and  disability  assistance]
ECONOMIC SUPPORT AND OPPORTUNITY or a local social services district, to
local social services districts, which shall remit such funds, as appro-
priate,  to  local  social  services  districts for proper crediting and
distribution or for reimbursement to state funds.
  S 54. Subdivisions 2, 4, 7, 8 and 9 of section  97-ttt  of  the  state
finance  law, as added by section 6 of part F of chapter 405 of the laws
of 1999, are amended to read as follows:

S. 3637                            36

  2. Such fund shall consist of those revenues specified by  the  office
of  [temporary  and disability assistance] ECONOMIC SUPPORT AND OPPORTU-
NITY or the department of health, as approved by  the  director  of  the
budget,  and properly received from the federal government on account of
federal  revenue maximization activities conducted by the former depart-
ment of social services or  the  office  of  [temporary  and  disability
assistance]  ECONOMIC  SUPPORT  AND  OPPORTUNITY  or  the  department of
health, and social services districts, both directly and  through  their
contractors,  that  are  credited  or transferred thereto from any other
fund or source pursuant to law.
  4. Moneys in the fund, pursuant to appropriation  by  the  legislature
and  issuance of a certificate of approval by the director of the budget
shall be made available for the following purposes:
  (a) payment of fees, pursuant to a  contract  approved  by  the  state
comptroller, to a contractor of the former department of social services
or  the office of [temporary and disability assistance] ECONOMIC SUPPORT
AND OPPORTUNITY or the department of health  providing  federal  revenue
maximization services; and
  (b)  payment  or reimbursement of the federal share of social services
district expenditures based on social services district claims for addi-
tional federal reimbursements submitted in accordance with  section  one
hundred  thirty-one-g  of  the social services law and identified by the
commissioner of the office  of  [temporary  and  disability  assistance]
ECONOMIC SUPPORT AND OPPORTUNITY or the department of health, as federal
revenue  maximization  claims  submitted  on  behalf of a city or county
department or social services district. Moneys shall be paid out of  the
fund  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of the  office  of  [temporary
and  disability  assistance]  ECONOMIC  SUPPORT  AND  OPPORTUNITY or the
department of health and the director of the budget.
  7. Upon the identification, by the director of the budget,  of  moneys
resulting  from federal revenue maximization activities conducted by the
former department of social services or the  office  of  [temporary  and
disability  assistance]  ECONOMIC SUPPORT AND OPPORTUNITY or the depart-
ment of health, the state comptroller  shall  apportion  the  moneys  as
follows:
  (a)  the  first portion shall be deposited to the revenue maximization
contractor  account,  pursuant  to  the  provisions  of  the  applicable
contract  with the former department of social services or the office of
[temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY
or the department of health, or a social services district. The director
of  the  budget shall review and approve or disapprove the amounts to be
so deposited;
  (b) the second portion shall be deposited to  the  local  maximization
account,  in  amounts  to be determined by the director of the budget in
consultation with the commissioner of the office of [temporary and disa-
bility assistance] ECONOMIC SUPPORT AND OPPORTUNITY and any other  state
department or agency, as necessary; and
  (c)  remaining  moneys  shall  be deposited to the contingency reserve
fund.
  8. Payments to  a  contractor  of  the  former  department  of  social
services or the office of [temporary and disability assistance] ECONOMIC
SUPPORT AND OPPORTUNITY or the department of health or a social services
district,  who was engaged in revenue maximization activities generating
reimbursement specified for deposit in the federal revenue  maximization

S. 3637                            37

fund  pursuant  to subdivision three of this section, shall be made only
from the revenue maximization contractor account.
  9.  Notwithstanding  any  law  to the contrary, and in accordance with
section four of [the state finance law] THIS CHAPTER, the comptroller is
hereby authorized and directed to transfer, upon request from the direc-
tor of the budget, $95,000,000 from any of the office of [temporary  and
disability  assistance] ECONOMIC SUPPORT AND OPPORTUNITY special revenue
federal funds to the federal revenue  maximization  fund  (359)  or  the
contingency reserve fund (005).
  S  55.  Section 179-aa of the state finance law, as amended by chapter
292 of the laws of 2007, is amended to read as follows:
  S 179-aa. Advisory committee. There is hereby established  a  not-for-
profit  contracting  advisory  committee.  The  advisory committee shall
consist of sixteen members which shall include eight appointed  members,
four  to  be  appointed  by the governor who shall be representatives of
not-for-profit organizations providing services in the  state,  and  two
each  to  be appointed by the governor upon recommendation of the tempo-
rary president of the senate and speaker of the assembly, and  eight  ex
officio  members of the committee, one each designated from the division
of the budget, the department of law, the  office  of  the  state  comp-
troller, and the education department. The governor shall also designate
four members from among the following agencies: the department of state,
the office of children and family services, the office of [temporary and
disability  assistance] ECONOMIC SUPPORT AND OPPORTUNITY, the department
of health, the office of mental hygiene, the office of  mental  retarda-
tion  and  developmental disabilities, and the department of labor.  The
governor shall designate an appointee to serve as chair of  the  commit-
tee.  The  advisory committee shall meet at least quarterly and upon its
own initiative may: comment and report on the implementation and  opera-
tion  of  the  not-for-profit short-term revolving loan fund; advise the
governor, comptroller and state agencies on the implementation and oper-
ation of this article; evaluate the  benefits  of  requiring  all  state
agencies to use standard contract language and the extent to which stan-
dard language may be effectively included in contracts with not-for-pro-
fit organizations; review annually the report of the office of the state
comptroller made pursuant to section one hundred seventy-nine-bb of this
article;  and propose any legislation they deem necessary to improve the
fund and this article. The committee shall report to  the  governor  and
the legislature with recommendations on improving the contracting proce-
dures  with  not-for-profit  organizations  which  receive  state  funds
through the intermediary of municipalities.  Such reports shall  be  due
annually not later than December first.
  S  56.  Paragraph 1, subparagraphs (i), (ii) and (iii) of paragraph 2,
and paragraphs 3 and 4 of subdivision 4-e of section 510 of the  vehicle
and  traffic  law,  as  amended  by chapter 601 of the laws of 2007, are
amended to read as follows:
  (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] ECONOMIC SUPPORT AND OPPORTUNITY,  on  behalf  of
the office of [temporary and disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY,  which  shall  set  forth the procedures for suspending the
driving privileges of individuals who have failed to  make  payments  of
child support or combined child and spousal support.
  (i)  the procedure under which the office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY shall notify the department
of an individual's liability for support arrears;

S. 3637                            38

  (ii) the procedure under which the department shall be notified by the
office of [temporary and disability  assistance]  ECONOMIC  SUPPORT  AND
OPPORTUNITY 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
terminated;
  (iii) the procedure for reimbursement of the department and its agents
by the office of [temporary and disability assistance] ECONOMIC  SUPPORT
AND OPPORTUNITY for the full additional costs of carrying out the proce-
dures  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 collecting social security numbers  pursu-
ant to section five hundred two of this title;
  (3)  Upon  receipt  of  notification from the office of [temporary and
disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY  of  a  person's
failure  to  satisfy  support  arrears  or  to make satisfactory payment
arrangements thereon pursuant to paragraph (e) of subdivision twelve  of
section  one hundred eleven-b of the social services law or notification
from a court issuing an order pursuant 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. In the
event such person is unlicensed, such person's privilege of obtaining  a
license  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 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  termi-
nate such suspension;
  (4)  From  the  time  the  commissioner  is  notified by the office of
[temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY
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  addition,  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 privi-
leges 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.
  S  57.  Subdivision  (a), and paragraphs 1 and 2 of subdivision (b) of
section 2105-a of the vehicle and traffic law, as amended by chapter 601
of the laws of 2007, are amended to read as follows:
  (a) The commissioner, on behalf of the department, shall enter into  a
written  agreement with the commissioner of the office of [temporary and
disability assistance] ECONOMIC SUPPORT AND OPPORTUNITY which shall  set
forth  the  procedures for creation of security interests on vehicles in
favor of the office of [temporary and  disability  assistance]  ECONOMIC
SUPPORT  AND  OPPORTUNITY,  a social services district or its authorized

S. 3637                            39

representative as provided for in section two hundred eleven of the lien
law and section one hundred eleven-u of the social services law.
  (1) the procedures under which the office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY shall notify the department
of  a  security  interest  arising for failure to make payments of child
support or combined child and spousal support, including data  standards
for  determining  that the person against whom such lien will be imposed
is the person owing such arrears;
  (2) the procedures under which the office of [temporary and disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY shall notify the department
that an individual has satisfied the security interest;
  S 58. Subdivision (c) of section 2116 of the vehicle and traffic  law,
as  amended  by  chapter  601 of the laws of 2007, is amended to read as
follows:
  (c) The filing of a notice of lien by the  office  of  [temporary  and
disability  assistance]  ECONOMIC  SUPPORT  AND  OPPORTUNITY, or a local
social services district, or its authorized representative, or a lien of
another state agency operating under title IV-D of the  social  security
act, shall constitute an application for the naming of a lienholder on a
certificate  of title.   The filing of an application by any such agency
shall be completed without payment of a fee.
  S 59. Section 2122 of the vehicle and traffic law, as amended by chap-
ter 601 of the laws of 2007, is amended to read as follows:
  S 2122. Duty of lienholder. A lienholder named  in  a  certificate  of
title  shall, upon written request of the owner or of another lienholder
named on the certificate, disclose any pertinent information as  to  his
security  agreement  and  the  indebtedness secured by it. The office of
[temporary and disability assistance] ECONOMIC SUPPORT AND  OPPORTUNITY,
or a social services district, or its authorized representative shall be
deemed  to  have  complied with this section upon disclosing the name of
the obligor and the amount of the debt.
  S 60. Subdivision (g) of section 7.09 of the mental  hygiene  law,  as
amended  by  chapter  601  of  the  laws  of 2007, is amended to read as
follows:
  (g) The commissioner shall work cooperatively with the commissioner of
the office of mental retardation and developmental disabilities and  the
commissioner  of  the  office  of  [temporary and disability assistance]
ECONOMIC SUPPORT AND OPPORTUNITY to assist the commissioner of education
in furnishing integrated employment services to individuals with  severe
disabilities,  including  the  development  of  an integrated employment
implementation plan, pursuant to article  twenty-one  of  the  education
law.
  S 61. Intentionally omitted.
  S  62.  Subdivision (d) of section 13.09 of the mental hygiene law, as
amended by chapter 601 of the laws  of  2007,  is  amended  to  read  as
follows:
  (d) The commissioner shall work cooperatively with the commissioner of
the  office  of  mental  health  and  the  commissioner of the office of
[temporary and disability assistance] ECONOMIC SUPPORT  AND  OPPORTUNITY
to assist the commissioner of education in furnishing integrated employ-
ment  services  to  individuals  with severe disabilities, including the
development of an integrated employment implementation plan, pursuant to
article twenty-one of the education law.
  S 63. Paragraph 1 of subdivision (f) of section 16.17  of  the  mental
hygiene  law,  as amended by chapter 601 of the laws of 2007, is amended
to read as follows:

S. 3637                            40

  (1) Except as provided in paragraph two of this subdivision,  anything
contained  in this section to the contrary notwithstanding, an operating
certificate of a facility shall be revoked upon a finding by the  office
that  any individual, member of a partnership or shareholder of a corpo-
ration to whom or to which an operating certificate has been issued, has
been  convicted  of  a class A, B or C felony or a felony related in any
way to any activity or program subject to the regulations,  supervision,
or administration of the office or of the office of [temporary and disa-
bility  assistance]  ECONOMIC SUPPORT AND OPPORTUNITY, the department of
health, or another office of the department of  mental  hygiene,  or  in
violation  of  the public officers law in a court of competent jurisdic-
tion of the state, or in a court in  another  jurisdiction  for  an  act
which would have been a class A, B or C felony in this state or a felony
in  any way related to any activity or program which would be subject to
the regulations, supervision, or administration of the office or of  the
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY, the department of health, or another office of the  depart-
ment of mental hygiene, or for an act which would be in violation of the
public  officers  law.  The  commissioner  shall not revoke or limit the
operating certificate of any facility, solely because of the conviction,
whether in the courts of this state or in the courts of  another  juris-
diction, more than ten years prior to the effective date of such revoca-
tion or limitation, of any person of a felony, or what would amount to a
felony  if  committed  within the state, unless the commissioner makes a
determination that such conviction was related to an activity or program
subject to the  regulations,  supervision,  and  administration  of  the
office or of the office of [temporary and disability assistance] ECONOM-
IC  SUPPORT AND OPPORTUNITY, the department of health, or another office
of the department of mental hygiene, or in violation of the public offi-
cers law.
  S 64. Paragraph 3 of subdivision (a) of section 19.09  of  the  mental
hygiene  law,  as amended by chapter 601 of the laws of 2007, is amended
to read as follows:
  (3)  The  commissioner  may  coordinate  alcoholism,  alcohol   abuse,
substance  abuse,  substance  dependence and chemical dependence related
activities in all departments of  the  state  by  convening  at  regular
intervals a coordinating committee of representatives of the departments
of  health,  correctional  services, labor, economic development, educa-
tion, and motor vehicles, and the office of  [temporary  and  disability
assistance] ECONOMIC SUPPORT AND OPPORTUNITY and any other department or
agency having an interest therein.
  S  65.  Paragraph  1 of subdivision (f) of section 31.16 of the mental
hygiene law, as amended by chapter 601 of the laws of 2007,  is  amended
to read as follows:
  1.  Except  as provided in paragraph two of this subdivision, anything
contained in this section to the contrary notwithstanding, an  operating
certificate  of a facility shall be revoked upon a finding by the office
that any individual, member of a partnership or shareholder of a  corpo-
ration to whom or to which an operating certificate has been issued, has
been  convicted  of  a class A, B or C felony or a felony related in any
way to any activity or program subject to the regulations,  supervision,
or administration of the office or of the office of [temporary and disa-
bility  assistance]  ECONOMIC SUPPORT AND OPPORTUNITY, the department of
health, or another office of the department of  mental  hygiene,  or  in
violation  of  the public officers law in a court of competent jurisdic-
tion of the state, or in a court in  another  jurisdiction  for  an  act

S. 3637                            41

which would have been a class A, B or C felony in this state or a felony
in  any way related to any activity or program which would be subject to
the regulations, supervision, or administration of the office or of  the
office  of  [temporary  and  disability assistance] ECONOMIC SUPPORT AND
OPPORTUNITY, the department of health, or another office of the  depart-
ment of mental hygiene, or for an act which would be in violation of the
public  officers  law.  The  commissioner  shall not revoke or limit the
operating certificate of any facility, solely because of the conviction,
whether in the courts of this state or in the courts of  another  juris-
diction, more than ten years prior to the effective date of such revoca-
tion or limitation, of any person of a felony, or what would amount to a
felony  if  committed  within the state, unless the commissioner makes a
determination that such conviction was related to an activity or program
subject to the  regulations,  supervision,  and  administration  of  the
office or of the office of [temporary and disability assistance] ECONOM-
IC  SUPPORT AND OPPORTUNITY, the department of health, or another office
of the department of mental hygiene, or in violation of the public offi-
cers law.
  S 66. Terms occurring in laws, contracts and other documents. Whenever
the former department of social services  or  office  of  temporary  and
disability  assistance is referred to or designated in any law, contract
or document pertaining to the functions, powers, obligations and  duties
of  that  department transferred by part B of chapter 436 of the laws of
1997 to such office, such reference or designation shall  be  deemed  to
refer  to  the office of economic support and opportunity or the commis-
sioner thereof.
  S 67. Existing rights and remedies preserved.  No  existing  right  or
remedy of any character shall be lost, impaired or affected by reason of
this act.
  S  68.  Severability. If any clause, sentence, paragraph, subdivision,
section or part contained in any part of this act shall be  adjudged  by
any  court  of competent jurisdiction to be invalid, such judgment shall
not affect, impair, or invalidate the remainder thereof,  but  shall  be
confined  in  its operation to the clause, sentence, paragraph, subdivi-
sion, section or part contained in any part thereof directly involved in
the controversy in which such judgment shall have been rendered.  It  is
hereby  declared to be the intent of the legislature that this act would
have been enacted even if such invalid provisions had not been  included
herein.
  S 69. This act shall take effect immediately; provided however that:
  (a)  the  amendments  to subdivision 12 of section 111-b of the social
services law, made by section six of this  act,  shall  not  affect  the
repeal of such subdivision and shall be deemed repealed therewith;
  (b)  the amendments to section 483-ee of the social services law, made
by section twenty-three of this act, shall not affect the repeal of such
section and shall be deemed repealed therewith;
  (c) the amendments to subdivision 5 of section 454 of the family court
act, made by section forty-four of this act, shall not affect the repeal
of such subdivision and shall be deemed repealed therewith; and
  (d) the amendments to subdivision 4-e of section 510  of  the  vehicle
and traffic law, made by section fifty-six of this act, shall not affect
the repeal of such subdivision and shall be deemed repealed therewith.