Bill Text: NY A03294 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to establishing a deadbeats most wanted list and worldwide web page.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2018-01-03 - referred to social services [A03294 Detail]

Download: New_York-2017-A03294-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3294
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
                                       ___________
        Introduced  by  M.  of  A.  BARCLAY,  FINCH, GRAF, McDONOUGH, MONTESANO,
          WALTER -- Multi-Sponsored by -- M. of A. BLANKENBUSH, BUTLER,  CROUCH,
          LUPINACCI, McKEVITT, SALADINO -- read once and referred to the Commit-
          tee 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:
     1    Section 1. Article 5 of the social services law is amended by adding a
     2  new title 10-A to read as follows:
     3                                 TITLE 10-A
     4                            DEADBEATS MOST WANTED
     5  Section 361. Deadbeats most wanted list.
     6          361-a. Deadbeats most wanted worldwide web page.
     7    § 361. Deadbeats most wanted list.   1. The commissioner  of  children
     8  and family services may disclose a "deadbeats most wanted list" of indi-
     9  viduals  who  are  in arrears in their child support obligations under a
    10  New York court order or administrative order.  The  list  shall  include
    11  only  those  persons  who  are in arrears in an amount greater than five
    12  thousand dollars (or such greater amount as established by the office of
    13  children and family services). The list shall include  the  individual's
    14  name  and  address,  the  amount of any child support arrearage, and any
    15  other information deemed appropriate by the office of children and fami-
    16  ly services.
    17    2. At least ninety days before the disclosure under subdivision one of
    18  this section of the name of an individual who is in arrears  in  his  or
    19  her  child  support obligations, the commissioner of children and family
    20  services shall mail a written notice to the individual by certified mail
    21  addressed to the individual's  last  known  address.  The  notice  shall
    22  detail the amount of the arrearage and the office of children and family
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05393-01-7
        A. 3294                             2
     1  services' intent to disclose the arrearage. If the arrearage is not paid
     2  sixty  days  after  the  notice  was  delivered to the individual or the
     3  office of children and family services has been notified  that  delivery
     4  was  refused,  and  the  individual  has  not,  since the mailing of the
     5  notice, entered into a written agreement with the office of children and
     6  family services for payment of the arrearage, the commissioner of  chil-
     7  dren  and  family services may disclose the individual's arrearage under
     8  subdivision one of this section.
     9    3. An individual in arrears in his or her  child  support  obligations
    10  under  a  New York court order or administrative order is not subject to
    11  disclosure under subdivision one of this section if (a) a written agree-
    12  ment for payment exists between the individual and the office  of  chil-
    13  dren  and  family  services  or  (b)  the arrearage is the subject of an
    14  administrative hearing, administrative review, or judicial review.
    15    4. The list shall be available for public inspection at the office  of
    16  children and family services or by other means of publication, including
    17  the internet.
    18    5.  A  disclosure  made  by  the  commissioner  of children and family
    19  services in a good faith effort to comply with this section may  not  be
    20  considered a violation of any confidentiality laws.
    21    § 361-a. Deadbeats  most  wanted  worldwide  web page.   The office of
    22  children and family services shall create and maintain or  cause  to  be
    23  created and maintained one or more worldwide web pages containing infor-
    24  mation on selected individuals who are in arrears in their child support
    25  obligations  under  a  New York court order or administrative order. The
    26  information regarding each of the individuals shall include the individ-
    27  ual's name, a photograph if available, the amount of the  child  support
    28  arrearage, and any other information deemed appropriate by the office of
    29  children  and  family services in its discretion. The individuals may be
    30  chosen by the office of children  and  family  services  using  criteria
    31  including,  but  not limited to, the amount of the arrearage, the effect
    32  of inclusion of an individual upon the likelihood  of  the  individual's
    33  payment  of  an  arrearage, the motivational effect that inclusion of an
    34  individual may have on the willingness of other individuals to pay their
    35  arrearages, or the need to locate a particular individual. The office of
    36  children and family services shall make the page or pages accessible  to
    37  internet  users  through  the worldwide web.  The office of children and
    38  family services, in its discretion, may change the contents of the  page
    39  or pages from time to time.
    40    Before  including  information on the worldwide web page concerning an
    41  individual who owes past due support, the office of children and  family
    42  services  shall provide the individual with notice and an opportunity to
    43  be heard.
    44    § 2. The family court act is amended by adding a new  section  159  to
    45  read as follows:
    46    §  159.  Child  support information.   The clerks of the family courts
    47  may, upon request, cooperate with and supply information to counties and
    48  municipalities wishing  to  create  and  maintain  worldwide  web  pages
    49  containing  information on individuals who are in arrears in their child
    50  support obligations and have been found to be in contempt of court as  a
    51  result of the existence of that arrearage.
    52    § 3. This act shall take effect on the one hundred eightieth day after
    53  it  shall  have become a law provided, however, that the commissioner of
    54  children and family services shall have the authority to promulgate  any
    55  rules  or regulations necessary for the implementation of this act prior
    56  to such effective date.