STATE OF NEW YORK
________________________________________________________________________
1742
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
___________
Introduced by Sen. GOLDEN -- 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 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.
LBD02681-01-7
S. 1742 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.
