S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3197
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced by M. of A. D'URSO -- read once and referred to the Committee
   on Social Services
 
 AN  ACT to amend the social services law, in relation to authorizing the
   creation of a list of parents with child support arrears
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The social services law is amended by adding a new section
 111-w to read as follows:
   § 111-W. "LIST OF PARENTS WITH CHILD SUPPORT ARREARS"; WEBSITE;  COOR-
 DINATED  ARRESTS.  1. DEFINITIONS. AS USED IN THIS SECTION: (A) "OFFICE"
 MEANS THE  OFFICE  OF  TEMPORARY  AND  DISABILITY  ASSISTANCE;  AND  (B)
 "COMMISSIONER"  MEANS  THE  COMMISSIONER  OF  TEMPORARY  AND  DISABILITY
 ASSISTANCE.
   2. THE OFFICE SHALL COMPILE, AND SHALL DISCLOSE AND PUBLISH ON A QUAR-
 TERLY BASIS AT REGULAR INTERVALS A LIST OF PARENTS  WITH  CHILD  SUPPORT
 ARREARS,  COMPRISED  OF  INDIVIDUALS  WHO  ARE IN ARREARS IN THEIR CHILD
 SUPPORT OBLIGATIONS UNDER A COURT  OR  ADMINISTRATIVE  ORDER.  THE  LIST
 SHALL INCLUDE ONLY THOSE PERSONS WHO ARE IN ARREARS IN AN AMOUNT GREATER
 THAN TEN THOUSAND DOLLARS, OR SUCH OTHER AMOUNT AS ESTABLISHED FROM TIME
 TO  TIME  BY  THE COMMISSIONER, AND SHALL SET FORTH IDENTIFYING INFORMA-
 TION, INCLUDING BUT NOT LIMITED TO, THE NAME AND LAST KNOWN  ADDRESS  OF
 THE INDIVIDUAL OWING THE ARREARAGE, A PHYSICAL DESCRIPTION OF SUCH INDI-
 VIDUAL AND A PHOTOGRAPH OF THE INDIVIDUAL IF AVAILABLE, THE INDIVIDUAL'S
 OCCUPATION,  THE  AMOUNT  OF  ANY CHILD SUPPORT ARREARAGE, THE NUMBER OF
 CHILDREN FOR WHOM SUPPORT IS OWED,  AND  ANY  OTHER  INFORMATION  DEEMED
 APPROPRIATE BY THE OFFICE.
   3. THE LIST OF PARENTS WITH CHILD SUPPORT ARREARS SHALL BE MADE AVAIL-
 ABLE  BY THE OFFICE THROUGH ITS WEBSITE, PROVIDED THAT SUCH ACCESS SHALL
 BE LIMITED TO EMPLOYERS SUBJECT TO THE TAX WITHHOLDING  REQUIREMENTS  OF
 SECTION  SIX  HUNDRED  SEVENTY-ONE  OF  THE  TAX LAW AND THE EMPLOYEE IN
 CHARGE OF ADMINISTERING PAYROLL FOR THE EMPLOYER AND SHALL BE  AVAILABLE
 FOR  INSPECTION BY SUCH EMPLOYERS AND THE EMPLOYEE IN CHARGE OF ADMINIS-
 TERING PAYROLL FOR THE EMPLOYER AT EACH FACILITY OF THE OFFICE,  INCLUD-
 ING  BUT  NOT  LIMITED  TO,  THE OFFICE OF EACH SUPPORT COLLECTION UNIT.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08361-01-9

 A. 3197                             2

 BEFORE SUCH ACCESS IS GRANTED TO THE EMPLOYER, THE EMPLOYER MUST FURNISH
 PROOF OF IDENTITY AND PROOF  THAT  THE  PERSON  WHO  IS  IN  ARREARS  IS
 CURRENTLY EMPLOYED BY THE EMPLOYER. BEFORE SUCH ACCESS IS GRANTED TO THE
 EMPLOYEE  IN  CHARGE  OF  ADMINISTERING  PAYROLL  FOR THE EMPLOYER, SUCH
 EMPLOYEE MUST FURNISH AN AUTHORIZATION FROM THE EMPLOYER, PROOF OF IDEN-
 TITY, AND PROOF THAT THE PERSON WHO IS IN ARREARS IS CURRENTLY  EMPLOYED
 BY THE EMPLOYER.
   4.  THE  LIST  SHALL  BE  USED FOR THE PURPOSES OF LOCATING DELINQUENT
 INDIVIDUALS AND ASSISTING WITH THE ENFORCEMENT OF ORDERS  DIRECTING  THE
 PAYMENT OF SUPPORT.
   5.  AT  LEAST  NINETY  DAYS PRIOR TO THE DISCLOSURE OF AN INDIVIDUAL'S
 INFORMATION ON THE LIST, THE OFFICE SHALL MAIL A WRITTEN NOTICE  TO  THE
 INDIVIDUAL  BY  CERTIFIED  MAIL ADDRESSED TO THE INDIVIDUAL'S LAST KNOWN
 HOME ADDRESS. THE NOTICE SHALL DETAIL THE AMOUNT OF  THE  ARREARAGE  AND
 THE OFFICE'S INTENT TO DISCLOSE THE ARREARAGE TO THE AUTHORIZED EMPLOYER
 AND TO THE EMPLOYEE IN CHARGE OF ADMINISTERING PAYROLL FOR THE EMPLOYER.
 IF THE ARREARAGE IS NOT PAID IN FULL WITHIN NINETY DAYS AFTER THE NOTICE
 WAS  DELIVERED  TO  THE  INDIVIDUAL OR THE OFFICE HAS BEEN NOTIFIED THAT
 DELIVERY WAS REFUSED OR OTHERWISE NOT SUCCESSFUL, AND THE INDIVIDUAL HAS
 NOT, SINCE THE MAILING OF THE NOTICE, ENTERED INTO A  WRITTEN  AGREEMENT
 WITH  THE  OFFICE FOR PAYMENT OF THE ARREARAGE THE OFFICE SHALL DISCLOSE
 THE INDIVIDUAL'S ARREARAGE UNDER SUBDIVISION TWO OF THIS SECTION.
   6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION,
 INFORMATION CONCERNING AN INDIVIDUAL IN ARREARS  IN  HIS  OR  HER  CHILD
 SUPPORT OBLIGATIONS UNDER A COURT OR ADMINISTRATIVE ORDER IS NOT SUBJECT
 TO  DISCLOSURE  UNDER  SUBDIVISION TWO OF THIS SECTION IF: (A) A WRITTEN
 AGREEMENT FOR PAYMENT EXISTS BETWEEN THE INDIVIDUAL AND THE  OFFICE,  OR
 (B)  THE ARREARAGE IS THE SUBJECT OF AN ADMINISTRATIVE HEARING, ADMINIS-
 TRATIVE REVIEW, OR JUDICIAL REVIEW.  NOTWITHSTANDING ANY OTHER PROVISION
 OF THIS SECTION, IF AN INDIVIDUAL FAILS TO COMPLY IN FULL WITH AN AGREE-
 MENT MADE BETWEEN THE INDIVIDUAL AND THE OFFICE, THE  OFFICE  MAY  PLACE
 THE INDIVIDUAL'S INFORMATION ON THE LIST AGAIN WITHOUT BEING REQUIRED TO
 GIVE NOTICE AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION.
   7.  AN  INDIVIDUAL'S  INFORMATION  SHALL  BE  REMOVED FROM THE LIST OF
 PARENTS WITH CHILD SUPPORT ARREARS  UPON:    (A)  FULL  PAYMENT  OF  THE
 ARREARAGE;  (B) PAYMENT OF THREE CONSECUTIVE PAYMENTS MADE UNDER A WRIT-
 TEN AGREEMENT BETWEEN THE INDIVIDUAL AND THE OFFICE; OR  (C)  SUBMISSION
 TO  THE  OFFICE  OF  A CERTIFIED COPY OF A COURT OR ADMINISTRATIVE ORDER
 DIRECTING THAT THE  INDIVIDUAL  IS  NOT  RESPONSIBLE  FOR  THE  PAYMENTS
 COMPRISING  THE  ARREARAGE.   SUCH INFORMATION SHALL BE REMOVED FROM THE
 WEBSITE NO LATER THAN TEN BUSINESS DAYS AFTER THE RECEIPT OF THE  INFOR-
 MATION  DESCRIBED  IN  THIS SUBDIVISION AND FROM THE PRINTED VERSIONS OF
 THE LIST AT THE TIME OF THE NEXT PRINTING OF SUCH VERSION.
   8. A DISCLOSURE MADE BY THE OFFICE IN A GOOD FAITH  EFFORT  TO  COMPLY
 WITH  THIS  SECTION SHALL NOT BE CONSIDERED A VIOLATION OF ANY CONFIDEN-
 TIALITY LAWS.
   9. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS  HE
 OR SHE DEEMS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   §  2.  Section 111-v of the social services law is amended by adding a
 new subdivision 6 to read as follows:
   6. THE DISCLOSURE OR PUBLICATION  OF  INFORMATION  ON  THE  DELINQUENT
 OBLIGOR'S  SUPPORT  LIST AND WEBSITE, AS PROVIDED IN SECTION ONE HUNDRED
 ELEVEN-W OF THIS TITLE SHALL NOT BE CONSTRUED TO BE A VIOLATION  OF  THE
 PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect immediately.