Bill Text: NY A03197 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes the creation of a list of parents with child support arrears.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced - Dead) 2020-01-08 - referred to social services [A03197 Detail]

Download: New_York-2019-A03197-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3197
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section  1. The social services law is amended by adding a new section
     2  111-w to read as follows:
     3    § 111-w. "List of parents with child support arrears"; website;  coor-
     4  dinated  arrests.  1. Definitions. As used in this section: (a) "office"
     5  means the  office  of  temporary  and  disability  assistance;  and  (b)
     6  "commissioner"  means  the  commissioner  of  temporary  and  disability
     7  assistance.
     8    2. The office shall compile, and shall disclose and publish on a quar-
     9  terly basis at regular intervals a list of parents  with  child  support
    10  arrears,  comprised  of  individuals  who  are in arrears in their child
    11  support obligations under a court  or  administrative  order.  The  list
    12  shall include only those persons who are in arrears in an amount greater
    13  than ten thousand dollars, or such other amount as established from time
    14  to  time  by  the commissioner, and shall set forth identifying informa-
    15  tion, including but not limited to, the name and last known  address  of
    16  the individual owing the arrearage, a physical description of such indi-
    17  vidual and a photograph of the individual if available, the individual's
    18  occupation,  the  amount  of  any child support arrearage, the number of
    19  children for whom support is owed,  and  any  other  information  deemed
    20  appropriate by the office.
    21    3. The list of parents with child support arrears shall be made avail-
    22  able  by the office through its website, provided that such access shall
    23  be limited to employers subject to the tax withholding  requirements  of
    24  section  six  hundred  seventy-one  of  the  tax law and the employee in
    25  charge of administering payroll for the employer and shall be  available
    26  for  inspection by such employers and the employee in charge of adminis-
    27  tering payroll for the employer at each facility of the office,  includ-
    28  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
     1  Before such access is granted to the employer, the employer must furnish
     2  proof of identity and proof  that  the  person  who  is  in  arrears  is
     3  currently employed by the employer. Before such access is granted to the
     4  employee  in  charge  of  administering  payroll  for the employer, such
     5  employee must furnish an authorization from the employer, proof of iden-
     6  tity, and proof that the person who is in arrears is currently  employed
     7  by the employer.
     8    4.  The  list  shall  be  used for the purposes of locating delinquent
     9  individuals and assisting with the enforcement of orders  directing  the
    10  payment of support.
    11    5.  At  least  ninety  days prior to the disclosure of an individual's
    12  information on the list, the office shall mail a written notice  to  the
    13  individual  by  certified  mail addressed to the individual's last known
    14  home address. The notice shall detail the amount of  the  arrearage  and
    15  the office's intent to disclose the arrearage to the authorized employer
    16  and to the employee in charge of administering payroll for the employer.
    17  If the arrearage is not paid in full within ninety days after the notice
    18  was  delivered  to  the  individual or the office has been notified that
    19  delivery was refused or otherwise not successful, and the individual has
    20  not, since the mailing of the notice, entered into a  written  agreement
    21  with  the  office for payment of the arrearage the office shall disclose
    22  the individual's arrearage under subdivision two of this section.
    23    6. Notwithstanding the provisions of subdivision five of this section,
    24  information concerning an individual in arrears  in  his  or  her  child
    25  support obligations under a court or administrative order is not subject
    26  to  disclosure  under  subdivision two of this section if: (a) a written
    27  agreement for payment exists between the individual and the  office,  or
    28  (b)  the arrearage is the subject of an administrative hearing, adminis-
    29  trative review, or judicial review.  Notwithstanding any other provision
    30  of this section, if an individual fails to comply in full with an agree-
    31  ment made between the individual and the office, the  office  may  place
    32  the individual's information on the list again without being required to
    33  give notice as provided in subdivision five of this section.
    34    7.  An  individual's  information  shall  be  removed from the list of
    35  parents with child support arrears  upon:    (a)  full  payment  of  the
    36  arrearage;  (b) payment of three consecutive payments made under a writ-
    37  ten agreement between the individual and the office; or  (c)  submission
    38  to  the  office  of  a certified copy of a court or administrative order
    39  directing that the  individual  is  not  responsible  for  the  payments
    40  comprising  the  arrearage.   Such information shall be removed from the
    41  website no later than ten business days after the receipt of the  infor-
    42  mation  described  in  this subdivision and from the printed versions of
    43  the list at the time of the next printing of such version.
    44    8. A disclosure made by the office in a good faith  effort  to  comply
    45  with  this  section shall not be considered a violation of any confiden-
    46  tiality laws.
    47    9. The commissioner shall promulgate such rules and regulations as  he
    48  or she deems necessary to effectuate the provisions of this section.
    49    §  2.  Section 111-v of the social services law is amended by adding a
    50  new subdivision 6 to read as follows:
    51    6. The disclosure or publication  of  information  on  the  delinquent
    52  obligor's  support  list and website, as provided in section one hundred
    53  eleven-w of this title shall not be construed to be a violation  of  the
    54  provisions of this section.
    55    § 3. This act shall take effect immediately.
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