S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4966
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by  M. of A. BARCLAY, FINCH, McDONOUGH, MONTESANO, MANKTELOW
   -- Multi-Sponsored by -- M. of A. BLANKENBUSH, CROUCH, DeSTEFANO, STEC
   -- read once and referred to the Committee on Social Services
 
 AN ACT to amend the social services law and the  family  court  act,  in
   relation  to  establishing  a deadbeats most wanted list and worldwide
   web page
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 5 of the social services law is amended by adding a
 new title 10-A to read as follows:
                                TITLE 10-A
                           DEADBEATS MOST WANTED
 SECTION 361. DEADBEATS MOST WANTED LIST.
         361-A. DEADBEATS MOST WANTED WORLDWIDE WEB PAGE.
   § 361. DEADBEATS  MOST  WANTED LIST.   1. THE COMMISSIONER OF CHILDREN
 AND FAMILY SERVICES MAY DISCLOSE A "DEADBEATS MOST WANTED LIST" OF INDI-
 VIDUALS WHO ARE IN ARREARS IN THEIR CHILD SUPPORT  OBLIGATIONS  UNDER  A
 NEW  YORK  COURT  ORDER  OR ADMINISTRATIVE ORDER. THE LIST SHALL INCLUDE
 ONLY THOSE PERSONS WHO ARE IN ARREARS IN AN  AMOUNT  GREATER  THAN  FIVE
 THOUSAND DOLLARS (OR SUCH GREATER AMOUNT AS ESTABLISHED BY THE OFFICE OF
 CHILDREN  AND  FAMILY SERVICES). THE LIST SHALL INCLUDE THE INDIVIDUAL'S
 NAME AND ADDRESS, THE AMOUNT OF ANY CHILD  SUPPORT  ARREARAGE,  AND  ANY
 OTHER INFORMATION DEEMED APPROPRIATE BY THE OFFICE OF CHILDREN AND FAMI-
 LY SERVICES.
   2. AT LEAST NINETY DAYS BEFORE THE DISCLOSURE UNDER SUBDIVISION ONE OF
 THIS  SECTION  OF  THE NAME OF AN INDIVIDUAL WHO IS IN ARREARS IN HIS OR
 HER CHILD SUPPORT OBLIGATIONS, THE COMMISSIONER OF CHILDREN  AND  FAMILY
 SERVICES SHALL MAIL A WRITTEN NOTICE TO THE INDIVIDUAL BY CERTIFIED MAIL
 ADDRESSED  TO  THE  INDIVIDUAL'S  LAST  KNOWN  ADDRESS. THE NOTICE SHALL
 DETAIL THE AMOUNT OF THE ARREARAGE AND THE OFFICE OF CHILDREN AND FAMILY
 SERVICES' INTENT TO DISCLOSE THE ARREARAGE. IF THE ARREARAGE IS NOT PAID
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02398-01-9

 A. 4966                             2
 
 SIXTY DAYS AFTER THE NOTICE WAS  DELIVERED  TO  THE  INDIVIDUAL  OR  THE
 OFFICE  OF  CHILDREN AND FAMILY SERVICES HAS BEEN NOTIFIED THAT DELIVERY
 WAS REFUSED, AND THE INDIVIDUAL  HAS  NOT,  SINCE  THE  MAILING  OF  THE
 NOTICE, ENTERED INTO A WRITTEN AGREEMENT WITH THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES FOR PAYMENT OF THE ARREARAGE, THE COMMISSIONER OF CHIL-
 DREN AND FAMILY SERVICES MAY DISCLOSE THE INDIVIDUAL'S  ARREARAGE  UNDER
 SUBDIVISION ONE OF THIS SECTION.
   3.  AN  INDIVIDUAL  IN ARREARS IN HIS OR HER CHILD SUPPORT OBLIGATIONS
 UNDER A NEW YORK COURT ORDER OR ADMINISTRATIVE ORDER IS NOT  SUBJECT  TO
 DISCLOSURE UNDER SUBDIVISION ONE OF THIS SECTION IF (A) A WRITTEN AGREE-
 MENT  FOR  PAYMENT EXISTS BETWEEN THE INDIVIDUAL AND THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES OR (B) THE  ARREARAGE  IS  THE  SUBJECT  OF  AN
 ADMINISTRATIVE HEARING, ADMINISTRATIVE REVIEW, OR JUDICIAL REVIEW.
   4.  THE LIST SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE OF
 CHILDREN AND FAMILY SERVICES OR BY OTHER MEANS OF PUBLICATION, INCLUDING
 THE INTERNET.
   5. A DISCLOSURE MADE  BY  THE  COMMISSIONER  OF  CHILDREN  AND  FAMILY
 SERVICES  IN  A GOOD FAITH EFFORT TO COMPLY WITH THIS SECTION MAY NOT BE
 CONSIDERED A VIOLATION OF ANY CONFIDENTIALITY LAWS.
   § 361-A. DEADBEATS MOST WANTED WORLDWIDE WEB  PAGE.    THE  OFFICE  OF
 CHILDREN  AND  FAMILY  SERVICES SHALL CREATE AND MAINTAIN OR CAUSE TO BE
 CREATED AND MAINTAINED ONE OR MORE WORLDWIDE WEB PAGES CONTAINING INFOR-
 MATION ON SELECTED INDIVIDUALS WHO ARE IN ARREARS IN THEIR CHILD SUPPORT
 OBLIGATIONS UNDER A NEW YORK COURT ORDER OR  ADMINISTRATIVE  ORDER.  THE
 INFORMATION REGARDING EACH OF THE INDIVIDUALS SHALL INCLUDE THE INDIVID-
 UAL'S  NAME,  A PHOTOGRAPH IF AVAILABLE, THE AMOUNT OF THE CHILD SUPPORT
 ARREARAGE, AND ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES IN ITS DISCRETION. THE INDIVIDUALS  MAY  BE
 CHOSEN  BY  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES USING CRITERIA
 INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF THE ARREARAGE,  THE  EFFECT
 OF  INCLUSION  OF  AN INDIVIDUAL UPON THE LIKELIHOOD OF THE INDIVIDUAL'S
 PAYMENT OF AN ARREARAGE, THE MOTIVATIONAL EFFECT THAT  INCLUSION  OF  AN
 INDIVIDUAL MAY HAVE ON THE WILLINGNESS OF OTHER INDIVIDUALS TO PAY THEIR
 ARREARAGES, OR THE NEED TO LOCATE A PARTICULAR INDIVIDUAL. THE OFFICE OF
 CHILDREN  AND FAMILY SERVICES SHALL MAKE THE PAGE OR PAGES ACCESSIBLE TO
 INTERNET USERS THROUGH THE WORLDWIDE WEB.   THE OFFICE OF  CHILDREN  AND
 FAMILY  SERVICES, IN ITS DISCRETION, MAY CHANGE THE CONTENTS OF THE PAGE
 OR PAGES FROM TIME TO TIME.
   BEFORE INCLUDING INFORMATION ON THE WORLDWIDE WEB PAGE  CONCERNING  AN
 INDIVIDUAL  WHO OWES PAST DUE SUPPORT, THE OFFICE OF CHILDREN AND FAMILY
 SERVICES SHALL PROVIDE THE INDIVIDUAL WITH NOTICE AND AN OPPORTUNITY  TO
 BE HEARD.
   §  2.  The  family court act is amended by adding a new section 159 to
 read as follows:
   § 159. CHILD SUPPORT INFORMATION.   THE CLERKS OF  THE  FAMILY  COURTS
 MAY, UPON REQUEST, COOPERATE WITH AND SUPPLY INFORMATION TO COUNTIES AND
 MUNICIPALITIES  WISHING  TO  CREATE  AND  MAINTAIN  WORLDWIDE  WEB PAGES
 CONTAINING INFORMATION ON INDIVIDUALS WHO ARE IN ARREARS IN THEIR  CHILD
 SUPPORT  OBLIGATIONS AND HAVE BEEN FOUND TO BE IN CONTEMPT OF COURT AS A
 RESULT OF THE EXISTENCE OF THAT ARREARAGE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law provided, however, that the  commissioner  of
 children  and family services shall have the authority to promulgate any
 rules or regulations necessary for the implementation of this act  prior
 to such effective date.