S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7173

                            I N  S E N A T E

                             March 18, 2010
                               ___________

Introduced  by  Sens.  GOLDEN,  PADAVAN, LANZA -- 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 deadbeats most wanted list

  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:
  S 111-W. "DEADBEATS MOST WANTED LIST"; WEBSITE;  COORDINATED  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 DEPARTMENT,  THROUGH  THE  OFFICE,  SHALL  COMPILE,  AND  SHALL
DISCLOSE  AND  PUBLISH  AT  REGULAR  INTERVALS  A "DEADBEATS MOST WANTED
LIST", 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, SUCH OTHER AMOUNT AS ESTABLISHED FROM TIME TO
TIME BY THE COMMISSIONER, AND SHALL SET FORTH  IDENTIFYING  INFORMATION,
INCLUDING  BUT  NOT  LIMITED  TO, THE NAME AND LAST KNOWN ADDRESS OF THE
INDIVIDUAL OWING THE ARREARAGE, A PHYSICAL DESCRIPTION OF SUCH  INDIVID-
UAL  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. THE LIST SHALL NOT EXCEED FIVE HUNDRED  INDI-
VIDUALS AT ANY GIVEN TIME.
  3.  THE  "DEADBEATS  MOST  WANTED LIST" SHALL BE MADE AVAILABLE BY THE
OFFICE THROUGH ITS WEBSITE, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION
AND DISSEMINATION AT EACH FACILITY OF  THE  OFFICE,  INCLUDING  BUT  NOT
LIMITED  TO, THE OFFICE OF EACH SUPPORT COLLECTION UNIT. NOTHING IN THIS
SECTION SHALL PROHIBIT OTHER PUBLICATION OF THE LIST AS DIRECTED BY  THE
COMMISSIONER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16301-01-0
              

S. 7173                             2

  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,  AND  FOR  SUCH OTHER PURPOSES AS THE COMMISSIONER
DEEMS APPROPRIATE.
  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. 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 OR HAS ENTERED INTO A  WRITTEN  AGREEMENT  WITH
THE  OFFICE  FOR  PAYMENT  OF THE ARREARAGE, THE OFFICE MAY 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 WEBSITE UPON:
(A)  FULL  PAYMENT  OF  THE  ARREARAGE; (B) PAYMENT OF THREE CONSECUTIVE
PAYMENTS MADE UNDER AN AGREEMENT BETWEEN THE INDIVIDUAL AND  THE  OFFICE
PURSUANT  TO  SUBDIVISION FIVE OF THIS SECTION; 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 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.
  S 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.
  S 3. This act shall take effect immediately.