S T A T E O F N E W Y O R K
________________________________________________________________________
7058
I N S E N A T E
March 10, 2010
___________
Introduced by Sens. PADAVAN, GOLDEN, LANZA -- read twice and ordered
printed, and when printed to be committed to the Committee on Social
Services
AN ACT to amend the social services law, in relation to establishing
procedures for obtaining from phone companies information regarding
individuals who are delinquent in child support payments; and to amend
the social services law, the domestic relations law, the family court
act and the vehicle and traffic law, in relation to providing for the
suspension of motor vehicle registrations for non-payment of child
support obligations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (b) of subdivision 1 and
subdivision 2 of section 111-s of the social services law, as added by
chapter 398 of the laws of 1997, are amended and a new subdivision 3 is
added to read as follows:
(i) pursuant to an administrative subpoena authorized by section one
hundred eleven-p of this title, the names, addresses, telephone numbers,
SOCIAL SECURITY NUMBERS and dates of birth of such individuals, and the
names and addresses of the employers of such individuals, as appearing
in customer records of public utilities companies and corporations,
including, but not limited to, cable television, gas, electric, steam,
and telephone companies and corporations, as defined in section two of
the public service law, doing business within the state of New York, AND
PROVIDERS OF MOBILE, CELLULAR OR SATELLITE TELEPHONE SERVICES AND
PROVIDERS OF ELECTRONIC DIGITAL PAGER COMMUNICATION DOING BUSINESS IN
THE STATE; and
2. Notwithstanding any other provision of law to the contrary, any
government or private entity to which a request for access to informa-
tion is directed pursuant to [subdivision one] THE PROVISIONS of this
section, is authorized and required to comply with such request. To the
extent feasible, access to such information shall be requested and
provided using automated systems. Any government or private entity
which discloses information pursuant to this section shall not be liable
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16299-01-0
S. 7058 2
under any federal or state law to any person for such disclosure, or for
any other action taken in good faith to comply with this subdivision.
3. (A) ADMINISTRATIVE SUBPOENAS SERVED ON TELEPHONE CORPORATIONS,
PROVIDERS OF MOBILE, CELLULAR OR SATELLITE TELEPHONE SERVICES AND
PROVIDERS OF ELECTRONIC DIGITAL PAGER COMMUNICATION PURSUANT TO PARA-
GRAPH (B) OF SUBDIVISION ONE OF THIS SECTION MAY REQUIRE THE PROVISION
OF INFORMATION PERTAINING TO MORE THAN ONE INDIVIDUAL. FOR EACH INDIVID-
UAL AS TO WHOM INFORMATION IS SOUGHT, THE SUBPOENA SHALL SPECIFY AT
LEAST THREE OF THE FOLLOWING DATA ELEMENTS REGARDING THE INDIVIDUAL:
(I) FIRST AND LAST NAME, AND MIDDLE INITIAL, IF KNOWN;
(II) SOCIAL SECURITY NUMBER;
(III) DRIVER'S LICENSE NUMBER;
(IV) BIRTH DATE;
(V) LAST KNOWN ADDRESS;
(VI) SPOUSE'S NAME.
(B) SUBPOENAS ISSUED PURSUANT TO THIS SUBDIVISION MAY BE TRANSMITTED
ELECTRONICALLY IN SUCH FORM AS DETERMINED BY THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE. THE TRANSMITTAL SHALL BE DEEMED TO BE AN ADMINIS-
TRATIVE SUBPOENA AUTHORIZED BY SECTION ONE HUNDRED ELEVEN-P OF THIS
TITLE.
(C) THE DEPARTMENT AND THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE SHALL CONSULT WITH THE INTENDED RECIPIENTS OF SUBPOENAS ISSUED
PURSUANT TO THIS SUBDIVISION FOR THE PURPOSE OF DEVELOPING AN AUTOMATED
DATA MATCHING SYSTEM WHEREBY INFORMATION PROVIDED IN RESPONSE TO SUBPOE-
NAS COULD BE PROVIDED ELECTRONICALLY. ALL TELEPHONE CORPORATIONS,
PROVIDERS OF MOBILE, CELLULAR OR SATELLITE TELEPHONE SERVICES AND
PROVIDERS OF ELECTRONIC DIGITAL PAGER COMMUNICATION DOING BUSINESS IN
THIS STATE SHALL COOPERATE IN THE DEVELOPMENT OF SUCH SYSTEM. UPON
IMPLEMENTATION OF THE AUTOMATED SYSTEM, ALL RESPONSES TO SUBPOENAS
ISSUED PURSUANT TO THIS SUBDIVISION SHALL UTILIZE THE SYSTEM.
(D) INFORMATION OBTAINED UNDER THIS SUBDIVISION SHALL BE CONFIDENTIAL
AND SHALL NOT BE DISCLOSED TO PERSONS OR AGENCIES OTHER THAN THOSE ENTI-
TLED TO SUCH INFORMATION WHEN SUCH DISCLOSURE IS NECESSARY FOR THE PROP-
ER ADMINISTRATION OF THE CHILD SUPPORT ENFORCEMENT PROGRAM PURSUANT TO
THIS TITLE. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL
ENSURE THAT CUSTOMER SERVICE INFORMATION SUPPLIED PURSUANT TO THIS
SUBDIVISION IS APPLICABLE TO THE INDIVIDUAL WHO IS BEING SOUGHT BEFORE
RELEASING THE INFORMATION.
(E) THE RECIPIENT OF A SUBPOENA PURSUANT TO THIS SUBDIVISION MAY
CHARGE A FEE TO THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE FOR
EACH SEARCH PERFORMED PURSUANT TO THIS SUBDIVISION TO COVER THE ACTUAL
COSTS TO THE RECIPIENT FOR PROVIDING THIS INFORMATION.
(F) THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE SHALL
PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE DEEMS NECESSARY TO
GIVE EFFECT TO THE PROVISIONS OF THIS SUBDIVISION.
S 2. Subdivision 12 of section 111-b of the social services law, as
added by chapter 81 of the laws of 1995, subparagraph 1 of paragraph (b)
as amended by chapter 624 of the laws of 2002, and paragraph (d) as
amended by chapter 309 of the laws of 1996, is amended to read as
follows:
12. (a) The department, through the commissioner, shall enter into the
agreement provided for in section five hundred ten of the vehicle and
traffic law and is authorized to furnish to the commissioner of motor
vehicles such information and to take such actions as may be necessary
to carry out the agreement provided for in such section, for the
S. 7058 3
enforcement of child support orders through the suspension of delinquent
obligors' driving privileges OR PRIVILEGE TO REGISTER A MOTOR VEHICLE.
(b) (1) When a support obligor who is or was under a court order to
pay child support or combined child and spousal support to a support
collection unit on behalf of persons receiving services under this title
has accumulated support arrears equivalent to or greater than the amount
of support due pursuant to such order for a period of four months, the
office of temporary and disability assistance shall notify the support
obligor in writing that his or her continued failure to pay the support
arrears shall result in notification to the department of motor vehicles
to suspend the support obligor's driving privileges OR PRIVILEGE TO
REGISTER A MOTOR VEHICLE unless the support obligor complies with the
requirements set forth in paragraph (e) of this subdivision. For
purposes of determining whether a support obligor has accumulated
support arrears equivalent to or greater than the amount of support due
for a period of four months, the amount of any retroactive support,
other than periodic payments of retroactive support which are past due,
shall not be included in the calculation of support arrears pursuant to
this section; however, if at least four months of support arrears have
accumulated subsequent to the date of the court order, the entire amount
of any retroactive support may be collected pursuant to the provisions
of this subdivision or as otherwise authorized by law.
(2) The department shall provide the notice required by subparagraph
one of this paragraph by first class mail to the support obligor's last
known address or such other place where the support obligor is likely to
receive notice, or in the same manner as a summons may be served.
Forty-five days after the date of such notice, if the support obligor
has not challenged the determination of the support collection unit
pursuant to subparagraph one of paragraph (d) of this subdivision or if
the support obligor has failed to satisfy the arrears/past due support
or to otherwise comply with the requirements set forth in paragraph (e)
of this subdivision, the department shall notify the department of motor
vehicles that the support obligor's driving privileges OR PRIVILEGE TO
REGISTER A MOTOR VEHICLE are to be suspended pursuant to section five
hundred ten of the vehicle and traffic law. Upon the support obligor's
compliance with the provisions of paragraph (e) of this subdivision, the
department shall advise the department of motor vehicles within five
business days that the suspension of the support obligor's driving priv-
ileges OR PRIVILEGE TO REGISTER A MOTOR VEHICLE shall be terminated. If
the support obligor appears in person at the support collection unit to
satisfy the requirements of paragraph (e) of this subdivision, the
support collection unit shall immediately provide a notice of compliance
to the support obligor, in addition to the notice sent directly to the
department of motor vehicles.
(3) Notwithstanding the requirements of this subdivision, no notice
shall be issued by the department pursuant to subparagraph one of this
paragraph to a support obligor from whom support payments are being
received by the support collection unit as a result of an income
execution or an income deduction order issued pursuant to section five
thousand two hundred forty-one or five thousand two hundred forty-two of
the civil practice law and rules.
(c) The notice provided to a support obligor by the department pursu-
ant to paragraph (b) of this subdivision shall contain the caption of
the order of support, the date the order of support was entered, the
court in which it was entered, the amount of the periodic payments
S. 7058 4
directed, and the amount of arrears/past due support. In addition, the
notice shall include:
(1) an explanation of the action required pursuant to paragraph (e) of
this subdivision to be taken by the support obligor to avoid the suspen-
sion of his or her driving privileges OR PRIVILEGE TO REGISTER A MOTOR
VEHICLE;
(2) a statement that forty-five days after the date of the notice, the
department of motor vehicles will be notified to suspend the support
obligor's driving privileges OR PRIVILEGE TO REGISTER A MOTOR VEHICLE
unless the support obligor may challenge the support collection unit's
determination as set forth in paragraph (d) of this subdivision within
forty-five days of the date of such notice; a statement of the manner in
which the support obligor may challenge the determination, and a state-
ment that if the support obligor challenges the determination, a review
will be completed by the support collection unit within seventy-five
days of the date of the notice;
(3) a statement that if the support obligor does not challenge the
support collection unit's determination then the department of motor
vehicles shall be notified to suspend the support obligor's driving
privileges OR PRIVILEGE TO REGISTER A MOTOR VEHICLE unless the support
obligor contacts the support collection unit to arrange for full payment
or commencement of satisfactory payment arrangements on the arrears/past
due support, or to comply otherwise with the requirements set forth in
paragraph (e) of this subdivision, within forty-five days of the date of
the notice;
(4) the address and telephone number of the support collection unit
that the support obligor may contact to request information about a
challenge or to comply with the requirements set forth in paragraph (e)
of this subdivision;
(5) a statement that the suspension of driving privileges OR PRIVILEGE
TO REGISTER A MOTOR VEHICLE will continue until the support obligor pays
the support arrears or complies otherwise with the requirements set
forth in paragraph (e) of this subdivision; and
(6) a statement printed in boldface type that the support obligor's
intentional submission of false written statements to the support
collection unit for the purpose of frustrating or defeating the lawful
enforcement of support obligations is punishable pursuant to section
175.35 of the penal law.
(d) (1) A support obligor may challenge in writing the correctness of
the determination of the support collection unit that the obligor's
driving privileges OR PRIVILEGE TO REGISTER A MOTOR VEHICLE should be
suspended, and in support of the challenge may submit documentation
demonstrating mistaken identity, error in calculation of arrears, finan-
cial exemption from license suspension pursuant to the conditions
enumerated in paragraph (e) of this subdivision, the absence of an
underlying court order to support such determination, or other reason
that the person is not subject to such determination. Such documents may
include but are not limited to a copy of the order of support pursuant
to which the obligor claims to have made payment, other relevant court
orders, copies of cancelled checks, receipts for support payments, pay
stubs or other documents identifying wage withholding, and proof of
identity. The support collection unit shall review the documentation
submitted by the support obligor, shall adjust the support obligor's
account if appropriate, and shall notify the support obligor of the
results of the review initiated in response to the challenge within
seventy-five days from the date of the notice required by paragraph (b)
S. 7058 5
of this subdivision. If the support collection unit's review indicates
that the determination to suspend driving privileges OR PRIVILEGE TO
REGISTER A MOTOR VEHICLE was correct, the support collection unit shall
notify the support obligor of the results of the review and that the
support obligor has thirty-five days from the date of mailing of such
notice to satisfy the full amount of the arrears or commence payment of
the arrears/past due support as specified in paragraph (e) of this
subdivision and if the support obligor fails to do so, the support
collection unit shall notify the department of motor vehicles to suspend
the support obligor's driving privileges OR PRIVILEGE TO REGISTER A
MOTOR VEHICLE pursuant to section five hundred ten of the vehicle and
traffic law. The support obligor shall be further notified that if the
support obligor files objections with the family court and serves these
objections on the support collection unit within thirty-five days from
the date of mailing of the notice denying the challenge pursuant to
subdivision five of section four hundred fifty-four of the family court
act, the support collection unit shall not notify the department of
motor vehicles to suspend the support obligor's driving privileges OR
PRIVILEGE TO REGISTER A MOTOR VEHICLE until fifteen days after entry of
[judgement] JUDGMENT by the family court denying the objections.
(2) A support obligor may within thirty-five days of mailing of the
notice denying his or her challenge by the support collection unit
request that the family court review the support collection unit's
determination pursuant to subdivision five of section four hundred
fifty-four of the family court act. If the support obligor requests the
family court to review the determination of the support collection unit,
the support collection unit shall not notify the department of motor
vehicles to suspend the support obligor's driving privileges OR PRIVI-
LEGE TO REGISTER A MOTOR VEHICLE until fifteen days after mailing of a
copy of the judgment by the family court to the support obligor denying
the objections.
(e) A support obligor who has received a notice that his or her driv-
ing privileges OR PRIVILEGE TO REGISTER A MOTOR VEHICLE shall be
suspended may avoid the suspension by:
(1) making full payment of all arrears/past due support to the support
collection unit; or
(2) making satisfactory payment arrangements with the support
collection unit for payment of the arrears/past due support and the
current support obligation. "Satisfactory payment arrangements" shall
mean:
(i) execution of a confession of judgment for the total balance of the
arrears/past due support; and
(ii) execution of a verified statement of net worth on a form
prescribed by the commissioner setting forth the obligor's income from
all sources, liquid assets and holdings, copies of the obligor's drivers
license, most recent federal and state tax return, and a representative
pay stub, and an eighteen month employment history; and
(iii) execution and verification of a stipulation that the obligor
will notify the support collection unit of all future changes of address
until such time as the obligation to pay support is terminated; and
(iv) payment of support to the support collection unit by income
execution pursuant to section five thousand two hundred forty-one of the
civil practice law and rules, which shall include deductions sufficient
to ensure compliance with the direction in the order of support and
shall include an additional amount to be applied to the reduction of
arrears as required by subdivision (b) of such section, or by execution
S. 7058 6
of an agreement for payment of the arrears/past due support and any
current support directly to the support collection unit in an amount
which is consistent with that which would have been made under such an
income execution; provided however, that where the support obligor fails
to comply with the agreement, he/she may avoid or terminate the suspen-
sion of driving privileges OR PRIVILEGE TO REGISTER A MOTOR VEHICLE only
by making at least fifty percent payment of all arrears/past due support
to the support collection unit and in addition, entering into a payment
plan pursuant to this subdivision with the support collection unit with-
in fifteen days. However, in any case when the support obligor fails to
comply with a payment plan as described herein more than once within
twelve months, the obligor must pay the balance of all arrears/past due
support to avoid or terminate license suspension OR REGISTRATION SUSPEN-
SION. "Failure to comply" for these purposes shall mean missing
payments in an amount equivalent to four months of support under the
payment plan, unless the support obligor demonstrates that he or she has
filed a petition for modification that is pending; or
(3) providing documentation that shows the support obligor is receiv-
ing public assistance or supplemental security income; or
(4) providing to the support collection unit the documentation
required by clauses (i) through (iii) of subparagraph two of this para-
graph, where such documentation is sufficient for the support collection
unit to determine:
(i) that the support obligor's income, as defined by subparagraph five
of paragraph (b) of subdivision one of section four hundred thirteen of
the family court act, falls below the self-support reserve as defined by
subparagraph six of paragraph (b) of subdivision one of section four
hundred thirteen of the family court act; or
(ii) that the amount of the support obligor's income, as defined by
subparagraph five of paragraph (b) of subdivision one of section four
hundred thirteen of the family court act, remaining after the payment of
the current support obligation would fall below the self-support reserve
as defined by subparagraph six of paragraph (b) of subdivision one of
section four hundred thirteen of the family court act.
(f) A support obligor who alleges that he or she has not received
actual notice pursuant to paragraph one of subdivision (b) of this
section and whose driving privileges OR PRIVILEGE TO REGISTER A MOTOR
VEHICLE were suspended may at any time request a review pursuant to
subdivision (d) of this section or comply with the requirements of
subdivision (e) of this section, and upon a determination that he or she
has not accumulated support arrears equivalent to or greater than the
amount of support due for a period of four months or that he or she
meets the requirements of subdivision (e) of this section, the depart-
ment shall notify the department of motor vehicles that the suspension
of driving privileges shall be terminated.
S 3. Section 244-b of the domestic relations law, as added by chapter
81 of the laws of 1995, the section heading and subdivision (c) as
amended, subdivision (b) as added and subdivision (d) as relettered by
chapter 398 of the laws of 1997 and subdivision (a) as amended by chap-
ter 624 of the laws of 2002, is amended to read as follows:
S 244-b. Child support proceedings and enforcement of arrears; suspen-
sion of driving privileges AND MOTOR VEHICLE REGISTRATION. (a) In any
proceeding for the enforcement of a direction or agreement, incorporated
in a judgment or order, to pay any sum of money as child support or
combined child and spousal support, if the court is satisfied by compe-
tent proof that the respondent has accumulated support arrears equiv-
S. 7058 7
alent to or greater than the amount of support due pursuant to such
judgment or order for a period of four months, the court may order the
department of motor vehicles to suspend the respondent's driving privi-
leges OR MOTOR VEHICLE REGISTRATION, and if such order issues, the
respondent may apply to the department of motor vehicles for a
restricted use license pursuant to section five hundred thirty of the
vehicle and traffic law. IF THE RESPONDENT HAS ACCUMULATED SUPPORT
ARREARS EQUIVALENT TO OR GREATER THAN THE AMOUNT OF SUPPORT DUE PURSUANT
TO COURT ORDER FOR A PERIOD OF FOUR MONTHS, THE COURT MAY ORDER THE
DEPARTMENT OF MOTOR VEHICLES TO SUSPEND THE REGISTRATION OF THE RESPOND-
ENT'S MOTOR VEHICLE. The court may at any time upon payment of arrears
or partial payment of arrears by the respondent order the department of
motor vehicles to terminate the suspension of respondent's driving priv-
ileges OR MOTOR VEHICLE REGISTRATION. For purposes of determining wheth-
er a support obligor has accumulated support arrears equivalent to or
greater than the amount of support due for a period of four months, the
amount of any retroactive support, other than periodic payments of
retroactive support which are past due, shall not be included in the
calculation of support arrears pursuant to this section.
(b) If the respondent, after receiving appropriate notice, fails to
comply with a summons, subpoena or warrant relating to a paternity or
child support proceeding, the court may order the department of motor
vehicles to suspend the respondent's driving privileges OR SUSPEND THE
RESPONDENT'S MOTOR VEHICLE REGISTRATION. The court may subsequently
order the department of motor vehicles to terminate the suspension of
the respondent's driving privileges OR THE SUSPENSION OF THE RESPOND-
ENT'S MOTOR VEHICLE REGISTRATION; however, the court shall order the
termination of such suspension when the court is satisfied that the
respondent has fully complied with all summonses, subpoenas and warrants
relating to a paternity or child support proceeding.
(c) The provisions of subdivision (a) of this section shall not apply
to:
(i) respondents who are receiving public assistance or supplemental
security income; or
(ii) respondents whose income as defined by subparagraph five of para-
graph (b) of subdivision one-b of section two hundred forty of this
[chapter] ARTICLE falls below the self-support reserve as defined by
subparagraph six of paragraph (b) of subdivision one-b of section two
hundred forty of this [chapter] ARTICLE; or
(iii) respondents whose income as defined by subparagraph five of
paragraph (b) of subdivision one-b of section two hundred forty of this
[chapter] ARTICLE remaining after the payment of the current support
obligation would fall below the self-support reserve as defined by
subparagraph six of paragraph (b) of subdivision one-b of section two
hundred forty of this [chapter] ARTICLE.
(d) The court's discretionary decision not to suspend driving privi-
leges OR MOTOR VEHICLE REGISTRATION shall not have any res judicata
effect or preclude any other agency with statutory authority to direct
the department of motor vehicles to suspend driving privileges OR MOTOR
VEHICLE REGISTRATION.
(E) AS USED IN THIS SECTION, "MOTOR VEHICLE" SHALL HAVE THE MEANING
SET FORTH IN SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC
LAW.
S 4. Section 458-a of the family court act, as added by chapter 81 of
the laws of 1995, subdivision (a) as amended by chapter 624 of the laws
of 2002 and subdivision (b) as added, subdivision (c) as amended and
S. 7058 8
subdivision (d) as relettered by chapter 398 of the laws of 1997, is
amended to read as follows:
S 458-a. Enforcement of arrears; Suspension of driving privileges OR
MOTOR VEHICLE REGISTRATION. (a) If the respondent has accumulated
support arrears equivalent to or greater than the amount of support due
pursuant to court order for a period of four months, the court may order
the department of motor vehicles to suspend the respondent's driving
privileges, and if such order issues, the respondent may apply to the
department of motor vehicles for a restricted use license pursuant to
section five hundred thirty of the vehicle and traffic law. IF THE
RESPONDENT HAS ACCUMULATED SUPPORT ARREARS EQUIVALENT TO OR GREATER THAN
THE AMOUNT OF SUPPORT DUE PURSUANT TO COURT ORDER FOR A PERIOD OF FOUR
MONTHS, THE COURT MAY ORDER THE DEPARTMENT OF MOTOR VEHICLES TO SUSPEND
THE REGISTRATION OF THE RESPONDENT'S MOTOR VEHICLE. The court may at any
time upon payment of arrears or partial payment of arrears by the
respondent order the department of motor vehicles to terminate the
suspension of respondent's driving privileges OR MOTOR VEHICLE REGISTRA-
TION. For purposes of determining whether a support obligor has accumu-
lated support arrears equivalent to or greater than the amount of
support due for a period of four months, the amount of any retroactive
support, other than periodic payments of retroactive support which are
past due, shall not be included in the calculation of support arrears
pursuant to this section.
(b) If the respondent, after receiving appropriate notice, fails to
comply with a summons, subpoena or warrant relating to a paternity or
child support proceeding, the court may order the department of motor
vehicles to suspend the respondent's driving privileges OR SUSPEND THE
RESPONDENT'S MOTOR VEHICLE REGISTRATION. The court may subsequently
order the department of motor vehicles to terminate the suspension of
the respondent's driving privileges OR THE SUSPENSION OF THE RESPOND-
ENT'S MOTOR VEHICLE REGISTRATION; however, the court shall order the
termination of such suspension when the court is satisfied that the
respondent has fully complied with the requirements of all summonses,
subpoenas and warrants relating to a paternity or child support proceed-
ing. Nothing in this subdivision shall authorize the court to terminate
the respondent's suspension of driving privileges OR SUSPENSION OF THE
RESPONDENT'S MOTOR VEHICLE REGISTRATION except as provided in this
subdivision.
(c) The provisions of subdivision (a) of this section shall not apply
to:
(i) respondents who are receiving public assistance or supplemental
security income; or
(ii) respondents whose income as defined by subparagraph five of para-
graph (b) of subdivision one of section four hundred thirteen of this
[act] ARTICLE falls below the self-support reserve as defined by subpar-
agraph six of paragraph (b) of subdivision one of section four hundred
thirteen of this [act] ARTICLE; or
(iii) respondents whose income as defined by subparagraph five of
paragraph (b) of subdivision one of section four hundred thirteen of
this [act] ARTICLE remaining after the payment of the current support
obligation would fall below the self-support reserve as defined by
subparagraph six of paragraph (b) of subdivision one of section four
hundred thirteen of this [act] ARTICLE.
(d) The court's discretionary decision not to suspend driving privi-
leges OR MOTOR VEHICLE REGISTRATION shall not have any res judicata
effect or preclude any other agency with statutory authority to direct
S. 7058 9
the department of motor vehicles to suspend driving privileges OR MOTOR
VEHICLE REGISTRATION.
(E) AS USED IN THIS SECTION, "MOTOR VEHICLE" SHALL HAVE THE MEANING
SET FORTH IN SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC
LAW.
S 5. Paragraph (e) of subdivision 2 of section 454 of the family court
act, as added by chapter 81 of the laws of 1995, is amended to read as
follows:
(e) the court may suspend the respondent's driving privileges OR MOTOR
VEHICLE REGISTRATION pursuant to section four hundred fifty-eight-a of
this article.
S 6. Subdivision 4-e of section 510 of the vehicle and traffic law, as
amended by chapter 601 of the laws of 2007, is amended to read as
follows:
4-e. Suspension and disqualification for failure to make child support
payments or failure to comply with a summons, subpoena or warrant relat-
ing to a paternity or child support proceeding. (1) The commissioner, on
behalf of the department, shall enter into a written agreement with the
commissioner of the office of temporary and disability assistance, on
behalf of the office of temporary and disability assistance, which shall
set forth the procedures for suspending the driving privileges OR MOTOR
VEHICLE REGISTRATIONS of individuals who have failed to make payments of
child support or combined child and spousal support.
(2) Such agreement shall include:
(i) the procedure under which the office of temporary and disability
assistance shall notify the department of an individual's liability for
support arrears;
(ii) the procedure under which the department shall be notified by the
office of temporary and disability assistance that an individual has
satisfied or commenced payment of his or her support arrears; or has
made satisfactory payment arrangements thereon and shall have the
suspension of his or her driving privileges OR MOTOR VEHICLE REGISTRA-
TION terminated;
(iii) the procedure for reimbursement of the department and its agents
by the office of temporary and disability assistance for the full addi-
tional costs of carrying out the procedures authorized by this section,
and may include, subject to the approval of the director of the budget,
a procedure for reimbursement of necessary additional costs of collect-
ing social security numbers pursuant to section five hundred two of this
title;
(iv) provision for the publicizing of sanctions for nonpayment of
child support including the potential for the suspension of delinquent
support obligors' driving privileges OR MOTOR VEHICLE REGISTRATION if
they fail to pay child support or combined child and spousal support;
and
(v) such other matters as the parties to such agreement shall deem
necessary to carry out provisions of this section.
(3) Upon receipt of notification from the office of temporary and
disability assistance of a person's failure to satisfy support arrears
or to make satisfactory payment arrangements thereon pursuant to para-
graph (e) of subdivision twelve of section one hundred eleven-b of the
social services law or notification from a court issuing an order pursu-
ant to section four hundred fifty-eight-a of the family court act or
section two hundred forty-four-b of the domestic relations law, the
commissioner or his or her agent shall suspend the license of such
person to operate a motor vehicle OR SHALL SUSPEND THE REGISTRATION OF A
S. 7058 10
MOTOR VEHICLE REGISTERED IN THE NAME OF SUCH PERSON, AS APPLICABLE. In
the event such person is unlicensed, such person's privilege of obtain-
ing a license shall be suspended. IN THE EVENT SUCH PERSON DOES NOT HAVE
A MOTOR VEHICLE REGISTERED IN HIS OR HER NAME, SUCH PERSON'S PRIVILEGE
OF REGISTERING A MOTOR VEHICLE IN HIS OR HER NAME SHALL BE SUSPENDED.
Such suspension shall take effect no later than fifteen days from the
date of the notice thereof to the person whose license or privilege of
obtaining a license, OR MOTOR VEHICLE REGISTRATION OR PRIVILEGE OF
REGISTERING A MOTOR VEHICLE, is to be suspended, and shall remain in
effect until such time as the commissioner is advised that the person
has satisfied the support arrears or has made satisfactory payment
arrangements thereon pursuant to paragraph (e) of subdivision twelve of
section one hundred eleven-b of the social services law or until such
time as the court issues an order to terminate such suspension;
(4) From the time the commissioner is notified by the office of tempo-
rary and disability assistance of a person's liability for support
arrears under this section, the commissioner shall be relieved from all
liability to such person which may otherwise arise under this section,
and such person shall have no right to commence a court action or
proceeding or to any other legal recourse against the commissioner to
recover such driving privileges as authorized by this section. In addi-
tion, notwithstanding any other provision of law, such person shall have
no right to a hearing or appeal pursuant to this chapter with respect to
a suspension of driving privileges OR MOTOR VEHICLE REGISTRATION as
authorized by this section. However, nothing herein shall be construed
to prohibit such person from proceeding against the support collection
unit pursuant to article seventy-eight of the civil practice law and
rules.
(5) Any person whose license OR MOTOR VEHICLE REGISTRATION has been
suspended pursuant to subdivision three of this section may apply for
the issuance of a restricted use license as provided in section five
hundred thirty of this title.
S 7. This act shall take effect immediately, provided that:
(a) the amendments to subdivision 12 of section 111-b of the social
services law made by section two of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith; and
(b) the amendments to subdivision 4-e of section 510 of the vehicle
and traffic law made by section six of this act shall not affect the
repeal of such subdivision and shall be deemed repealed therewith.